HomeMy WebLinkAbout12-11-13 Planning Commission Agenda PacketTable of Contents
Agenda 3
November 13, 2013
Draft Minutes 6
Applications PDR13-0025, CUP13-0005, & SUB13-0003; 12250
Saratoga-Sunnyvale Road (386-30-036,037,038); TimeSpace
Square LLC - The applicant is requesting Design Review,
Conditional Use Permit, and Subdivision approval for the
demolition of three existing single-story light industrial buildings
and the construction of one commercial / retail building,
approximately 1,835 sq. ft. in size and 20 feet in height and
twelve residential townhomes, approximately 2,500 sq. ft. in size
and 26 feet in height. The project is in conformance with City
standards for height, setbacks, floor area, and site coverage.
Staff Contact: Michael Fossati (408) 868-1212.
Staff Report 9
Att. 1 - Resolution 22
Att. 2 - Gateway Guidelines 29
Att. 3 - Letter from Kirkdale 35
Att. 4 - Public Notice 38
Att. 5 - Reduced Plans 44
Applications PDR13-0024, CUP13-0006, & VAR13-0005; 12540
Saratoga Avenue (386-11-005); Victor Kasik – The applicant is
requesting Design Review, Conditional Use Permit and
Variance approval for the construction of a new 400 square foot
detached garage within a rear setback. Variance approval is
required because the applicant is proposing a 10 foot wide
driveway when the City code requires a driveway width of 12
feet. The project is conformance with City standards for height,
setbacks, floor area and site coverage. Staff Contact: Michael
Fossati (408) 868-1212.
Staff Report 58
Att. 1 - Resolution 66
Att. 2 - Arborist Report 71
Att. 3 - Photos 76
Att. 4 - Neighbor Notification 77
Att. 5 - Public Notice 80
Att. 6 - Reduced Plans, Exhibit 'A'84
Application PDR13-0009; 19231 Monte Vista Avenue (397-09-
015); Hung and Tina Nguyen / TDH Design - The applicant
requests Design Review approval to replace an existing 3,540
square foot home with a new 5,915 square foot single-story
home. Staff Contact: Cynthia McCormick (408) 868-1230.
staff report 86
resolution 90
neighbor forms 94
noticing 101
CalGreen 104
plans 111
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Application PDR13-0012; Saratoga Vista Avenue (393-39-025);
Li / Timeline Design - The applicant requests Design Review
approval to construct a new 3,348 square foot two-story home
on a vacant lot. Staff Contact: Cynthia McCormick (408) 868-
1230.
staff report 120
resolution 126
neighbor forms 130
noticing 138
calgreen 142
letter from applicant 150
plans 156
Application ZOA13-0010–Zoning Amendment for Single Room
Occupancy Buildings(SRO); City of Saratoga - California Senate
Bill 2 (SB2) requires General Plan Housing Elements to include
polices for the provision of transitional housing opportunities
often referred to as Single-Room Occupancy (SRO) housing.
The City's Housing Element includes a policy that the City
amend the zoning code to encourage and facilitate Single-Room
Occupancy Units consistent with State law. Staff Contact:
Christopher Riordan (408)868-1235
Staff Report 175
Resolution 177
Attachment 1: Exhibit A 179
Discussion of excused and unexcused absences.
Staff Report 183
Att: 1. Sample Excused Absence Policy 185
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AGENDA
REGULAR MEETING
SARATOGA PLANNING COMMISSION
Wednesday, December 11, 2013
REGULAR MEETING – 7:00 P.M. – CIVIC THEATER/COUNCIL CHAMBERS AT 13777
FRUITVALE AVENUE
PLEDGE OF ALLEGIANCE
ROLL CALL
APPROVAL OF MINUTES
Action Minutes from the Regular Planning Commission Meeting of November 13, 2013
COMMUNICATIONS FROM COMMISSION & PUBLIC
Oral Communications on Non-Agendized Items
Any member of the Public will be allowed to address the Planning Commission for up to three (3) minutes on matters
not on this agenda. The law generally prohibits the Planning Commission from discussing or taking action on such
items. However, the Planning Commission may instruct staff accordingly regarding Oral Communications under
Planning Commission direction to Staff.
REPORT OF APPEAL RIGHTS
If you wish to appeal any decision on this Agenda, you may file an “Appeal Application” with the City Clerk
within fifteen (15) calendar days of the date of the decision.
PUBLIC HEARING
All interested persons may appear and be heard at the above time and place. Applicants and their representatives
have a total of ten minutes maximum for opening statements. Members of the Public may comment on any item for
up to three minutes. Applicants and their representatives have a total of five minutes maximum for closing
statements.
1. Applications PDR13-0025, CUP13-0005, & SUB13-0003; 12250 Saratoga-Sunnyvale Road (386-30-
036,037,038); TimeSpace Square LLC - The applicant is requesting Design Review, Conditional Use
Permit, and Subdivision approval for the demolition of three existing single-story light industrial buildings
and the construction of one commercial / retail building, approximately 1,835 sq. ft. in size and 20 feet in
height and twelve residential townhomes, approximately 2,500 sq. ft. in size and 26 feet in height. The
project is in conformance with City standards for height, setbacks, floor area, and site coverage. Staff
Contact: Michael Fossati (408) 868-1212.
Recommended action:
Approve Resolution No. 13-043 approving the project subject to conditions of approval.
2. Applications PDR13-0024, CUP13-0006, & VAR13-0005; 12540 Saratoga Avenue (386-11-005); Victor
Kasik – The applicant is requesting Design Review, Conditional Use Permit and Variance approval for the
construction of a new 400 square foot detached garage within a rear setback. Variance approval is required
because the applicant is proposing a 10 foot wide driveway when the City code requires a driveway width
of 12 feet. The project is conformance with City standards for height, setbacks, floor area and site
coverage. Staff Contact: Michael Fossati (408) 868-1212.
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Recommended action:
Approve Resolution No. 13-041 approving the project subject to conditions of approval.
3. Application PDR13-0009; 19231 Monte Vista Avenue (397-09-015); Hung and Tina Nguyen / TDH
Design - The applicant requests Design Review approval to replace an existing 3,540 square foot home
with a new 5,915 square foot single-story home. Staff Contact: Cynthia McCormick (408) 868-1230.
Recommended action:
Adopt Resolution No. 13-044 approving the project subject to conditions of approval.
4. Application PDR13-0012; Saratoga Vista Avenue (393-39-025); Li / Timeline Design - The applicant
requests Design Review approval to construct a new 3,348 square foot two-story home on a vacant lot.
Staff Contact: Cynthia McCormick (408) 868-1230.
Recommended action:
Adopt Resolution No. 13-035 approving the project subject to conditions of approval.
5. Application ZOA13-0010–Zoning Amendment for Single Room Occupancy Buildings(SRO); City of
Saratoga - California Senate Bill 2 (SB2) requires General Plan Housing Elements to include polices for the
provision of transitional housing opportunities often referred to as Single-Room Occupancy (SRO)
housing. The City's Housing Element includes a policy that the City amend the zoning code to encourage
and facilitate Single-Room Occupancy Units consistent with State law. Staff Contact: Christopher Riordan
(408)868-1235
Recommended action:
Adopt the attached resolution recommending that the City Council adopt an ordinance amending Section
15-19.035 (C-N(RHD)) to establish development standards for Single Room Occupancy Buildings.
NEW BUSINESS
Discussion of excused and unexcused absences.
DIRECTOR/COMMISSION COMMUNICATION
ADJOURNMENT
In accordance with the Ralph M. Brown Act, copies of the staff reports and other materials provided to the Planning
Commission by City Staff in connection with this agenda are available at the office of the Community
Development at 13777 Fruitvale Avenue, Saratoga, CA 95070. Note that copies of materials distributed to the
Planning Commission concurrently with the posting of the agenda are also available on the City website at
www.saratoga.ca.us. Any materials distributed by staff after the posting of agenda are available for public review
at the Community Development Department at the time they are distributed to the Planning Commission.
In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this
meeting, please contact the City Clerk at (408) 868-1269 or ctclerk@saratoga.ca.us. Notification 48 hours prior to
the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting (28 CFR
35.102-35.104 ADA Title II).
CERTIFICATE OF POSTING OF AGENDA
I, Abby Ayende, Office Specialist III for the City of Saratoga, declare that the foregoing agenda for the meeting of
the Planning Commission was posted and available for public review on December 5, 2013 at the City of Saratoga,
13777 Fruitvale Ave., Saratoga, CA 95070 and on the City’s website at www.saratoga.ca.us.
You can also sign up to receive email notifications when Commission agendas and minutes have been added
to the City at website http://www.saratoga.ca.us/contact/email_subscriptions.asp.
NOTE: To view previous Planning Commission meetings anytime, go the City Video Archives at
www.saratoga.ca.us
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ACTION MINUTES
REGULAR MEETING
SARATOGA PLANNING COMMISSION
Wednesday, November 13, 2013
REGULAR MEETING – 7:00 P.M. – CIVIC THEATER/COUNCIL CHAMBERS AT 13777
FRUITVALE AVENUE
PLEDGE OF ALLEGIANCE
ROLL CALL
ABSENSES -None
APPROVAL OF MINUTES
Action Minutes from the Regular Planning Commission Meeting of October 23, 2013(Zhao/Bernald moved to approve
the minutes. Motion passed. Ayes: Almalech, Grover, Hlava, Smullen & Walia. Noes: None. Absent: None. Abstain:
None.
COMMUNICATIONS FROM COMMISSION & PUBLIC
Oral Communications on Non-Agendized Items
Any member of the Public will be allowed to address the Planning Commission for up to three (3) minutes on matters
not on this agenda. The law generally prohibits the Planning Commission from discussing or taking action on such
items. However, the Planning Commission may instruct staff accordingly regarding Oral Communications under
Planning Commission direction to Staff.
REPORT OF APPEAL RIGHTS
If you wish to appeal any decision on this Agenda, you may file an “Appeal Application” with the City Clerk
within fifteen (15) calendar days of the date of the decision.
NEW BUSINESS
Application CUP09-0014; 12230 Saratoga-Sunnyvale Rd (386-30-039); Time-Space Investment Development
LLC; The Planning Commission requested a review of the conditional use permit that was approved on October
14th, 2009 for an indoor swimming facility. Staff Contact: Cynthia McCormick (408) 868-1230.
Action:
Almalech/Bernald directed staff to report back to the Planning Commission in May 2014 with the
following:
1) Compliance status of all conditions of approval placed on the project
2) A safety review, conducted by the City Traffic Engineer, of the turning movements of vehicles entering and
leaving the project’s two driveways at Saratoga-Sunnyvale Road.
3) Traffic accident statistics for the segment of Saratoga-Sunnyvale Road along the project’s frontage.
Review the conditional use permit and determine whether any action is necessary.
Motion passes. Ayes: Grover, Hlava, Smullen, Walia & Zhao. Noes: None. Absent: None. Abstain: None
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PUBLIC HEARING
All interested persons may appear and be heard at the above time and place. Applicants and their representatives
have a total of ten minutes maximum for opening statements. Members of the Public may comment on any item for
up to three minutes. Applicants and their representatives have a total of five minutes maximum for closing
statements.
1. Application CUP13-0003; 14500 Fruitvale Avenue (397-12-016); California Odd Fellows Foundation /
City of Saratoga - The City of Saratoga on behalf of the California Odd Fellows Foundation is requesting
approval to modify the existing Conditional Use Permit for the California Odd Fellows Foundations
Fellowship Plaza to accommodate 75 additional residential units affordable to low and very-low income
households to help the City meet the mandated regional housing requirements. Staff Contact: Christopher
Riordan (408)868-1235.
Action:
Bernald/Smullen moved to adopt resolution No. 13-042 approving the project subject to conditions of
approval. Motion passes. Ayes: Almalech, Grover, Hlava, Walia & Zhao. Noes: None. Absent: None.
Abstain: None.
2. Application GPA13-0004; Paramount Drive and 14626 Big Basin Way (503-82-006 & 517-08-048); City
of Saratoga - The proposed General Plan amendment would allow the City to correct the General Plan and
Zoning designations of the aforementioned properties on the existing General Plan and Zoning Map. Staff
Contact: Michael Fossati (408)868-1212
Action:
Adopt Resolution NO.13-037 recommending the City Council approve the General Plan Map and Zoning
Map amendments as shown in Exhibit 1.
Zhao/Grover moved to adopt resolution No. 13-037 recommending the City Council approve the General
Plan Map amendments. Motion passes. Ayes: Almalech, Bernald, Hlava, Smullen Walia. Noes: None.
Absent: None. Abstain: None.
3. Application PDR13-0008; 14496 Nutwood Lane (397-17-0520); Jay and Lin Denenberg - The applicant
requests Design Review approval to remodel an existing approximately 3,675 square foot one story single-
family home located at 14496 Nutwood Lane. Proposed improvements would include a 2,283 square foot
one story addition for a total project square footage of 5,959 square feet. The project would also raise the
existing roof height from 17 feet to approximately 25 feet. The net lot size is 39,589 square feet and the lot
is zoned R-1-40,000. Staff Contact: Christopher Riordan (408) 868-1235
Action:
The applicant has notified staff of their intention to discontinue the project. (Bernald/Walia moved to table
the item. Motion passes. Ayes: Grover, Hlava, Smullen, Zhao. Noes: Walia. Absent: None. Abstain: None
DIRECTOR/COMMISSION COMMUNICATION
Hlava/Bernald requested to agendize a discussion of excused and unexcused absences. Motion passes.
Ayes: Grover, Hlava, Smullen, Zhao. Noes: Walia. Absent: None. Abstain: None
ADJOURNMENT
In accordance with the Ralph M. Brown Act, copies of the staff reports and other materials provided to the Planning
Commission by City Staff in connection with this agenda are available at the office of the Community
Development at 13777 Fruitvale Avenue, Saratoga, CA 95070. Note that copies of materials distributed to the
Planning Commission concurrently with the posting of the agenda are also available on the City website at
www.saratoga.ca.us. Any materials distributed by staff after the posting of agenda are available for public review
at the Community Development Department at the time they are distributed to the Planning Commission.
In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this
meeting, please contact the City Clerk at (408) 868-1269 or ctclerk@saratoga.ca.us. Notification 48 hours prior to
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the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting (28 CFR
35.102-35.104 ADA Title II).
CERTIFICATE OF POSTING OF AGENDA
I, Abby Ayende, Office Specialist III for the City of Saratoga, declare that the foregoing agenda for the meeting of
the Planning Commission was posted and available for public review on November 7, 2013 at the City of Saratoga,
13777 Fruitvale Ave., Saratoga, CA 95070 and on the City’s website at www.saratoga.ca.us.
You can also sign up to receive email notifications when Commission agendas and minutes have been added
to the City at website http://www.saratoga.ca.us/contact/email_subscriptions.asp.
NOTE: To view previous Planning Commission meetings anytime, go the City Video Archives at
www.saratoga.ca.us
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REPORT TO THE
PLANNING COMMISSION
Meeting Date: December 11, 2013
Application: Design Review PDR13-0025 / Use Permit
CUP13-0005 / Tentative Map SUB13-0005
Location / APN: 12250 Saratoga-Sunnyvale Road /
386-30-036, 037, & 038
Owner / Applicant: TimeSpace Invest Dev. LLC.
Staff Planner: Michael Fossati
12250 Saratoga-Sunnyvale Rd.
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SUMMARY
ZONING GENERAL PLAN DESIGNATION
Commercial-Visitor (CV) Commercial Retail (CR)
PARCEL SIZE AVERAGE SLOPE
1.085 acres (net lot size) 1%
PROJECT DESCRIPTION:
The proposed project includes the demolition of three existing single-story light industrial
buildings and the construction of the following:
• One commercial / retail building, approximately 1,835 sq. ft. in size and 20 feet in
height;
• Twelve residential townhomes, each approximately 2,500 sq. ft. in size and 26
feet in height.
The applicant is requesting design review approval for the commercial and residential
buildings, conditional use permit approval for mixed-use development and medical office
use within a commercial building, and subdivision approval.
STAFF RECOMMENDATION:
Approve Resolution No. 13-043 approving the project subject to conditions of approval.
PROJECT DATA:
The project data table breaks the project into two categories. Category One pertains to the
commercial building and how it conforms to the prescribed C-V zoning standards. Category
Two pertains to the residential townhouses and how they conform to the prescribed RM
zoning standards.
C-V Zoning (Category One)
Site Area: 7,974 sq. ft.
Proposed Allowable / Required
Structure Coverage*
Maximum Allowable =
3584.4 sq. ft. (60%)
Building Footprint 1,835 sq. ft.
TOTAL Site Coverage 1,835 sq. ft. (31.6%)
Setbacks 1st Floor 1st Floor
Front (West): 59’ 10’
Rear (East): 346’ 36’
Left Side (North): 16’ 16’
Right Side (South): 16’ 16’
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Height
Maximum Height =
118.39’ (20’)
Lowest Elevation Point: 98.06’
Highest Elevation Point: 98.72’
Average Elevation Point: 98.39’
Proposed Topmost Point: 118.22’(19.92’)
R-M Zoning (Category Two)
Site Area: 39,280 sq. ft.
Proposed Allowable / Required
Structure Coverage*
Maximum Allowable =
15,712 sq. ft. (40%)
Building Footprint 15,453 sq. ft.
TOTAL Site Coverage 15,453 sq. ft. (39%)
Setbacks 1st Floor 2nd Floor 1st Floor 2nd Floor
Front (West): 106’ 106’ 10’ 10’
Rear (East): 30’ 30’ 30’ 30’
Left Side (North): 16’ 16’ 16’ 16’
Right Side (South): 16’ 16’ 24’ 24’
Height (Units 1 – 4)
Maximum Height =
123.89’ (26’)
Lowest Elevation Point: 96.67’
Highest Elevation Point: 98.46’
Average Elevation Point: 97.89’
Proposed Topmost Point: 123.89’(26’)
Height (Units 5 – 8)
Maximum Height =
122.70’ (26’)
Lowest Elevation Point: 95.77’
Highest Elevation Point: 97.63’
Average Elevation Point: 96.70’
Proposed Topmost Point: 122.70’(26’)
Height (Units 9 – 12)
Maximum Height =
120.85’ (26’)
Lowest Elevation Point: 94.29’
Highest Elevation Point: 95.40’
Average Elevation Point: 94.85’
Proposed Topmost Point: 120.85’(26’)
Per the table above, the proposed project conforms to the building coverage, setback, and
height requirements for the C-V and R-M zoning districts, as required per the Mixed-Use
Development standards.
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PROJECT APPROVALS
This project includes applications for the following approvals:
Design Review
Pursuant to City Code Section 15-46.020(a)(1), any new structure or structures within a
commercial zoning district requires design review approval from the Planning
Commission.
Conditional Use Permit
Pursuant to City Code Section 15-19.040(b)(2) and (3), any project that proposed mixed-
use development and any commercial building that includes medical offices requires
conditional use permit approval. The applicant has not identified tenants for the proposed
commercial spaces at this time, but is requesting the flexibility to allow medical uses
within the proposed building. Currently, properties within the Commercial-Visitor (C-V)
zoning district principally permit professional and administrative offices and
conditionally permit medical offices.
Tentative Map
Pursuant to City Code Section 14-20.060, the Planning Commission shall conduct a
public hearing on an application for tentative subdivision approval. The applicant is
requesting a 13-lot residential and commercial subdivision. The commercial building
would be subdivided into two condominium parcels, with the potential of separate
owners of each space.
SITE AND PROJECT CHARACTERISTICS
Existing Site Description
Two of the three existing buildings (totaling approximately 13,700 sq. ft.) front Saratoga-
Sunnyvale Road. The third building is located at the rear of the site. According to the
owner, two of the buildings are occupied. Surface parking is located in the front and rear
of the site. The property has limited front landscaping. The property is bounded by a
swim center to the north, residential uses to the east, light industrial uses to the south, and
Saratoga-Sunnyvale Road to the west. Commercial businesses are located on the
opposite side of Saratoga-Sunnyvale Road. The site is zoned Commercial - Visitor (C-V)
and the net lot size is approximately 1.085 acres.
Building Design
Commercial Building
The proposed commercial building has been designed to complement existing commercial
structures in the area. The western façade of the building facing Saratoga-Sunnyvale Road
would include tall, stone cladded, gabled entries, exterior wood siding with large picture
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windows with wood trim, and stone wainscoting along its base. The building would have a
mansard style roof. The external colors are in the table below:
Residential Townhomes
The exterior of the proposed townhomes would include a stucco base for the first floor, a
mixture of horizontal and wood shake siding for the second floor, with low-pitched gabled
roofs. The mass of the buildings would be broken-up with varying rooflines, and second
story architectural projections. Additional details include board-and-batten elements, corbel
details, and single-hung windows.
Exterior Materials
The exterior colors include beige “Oakwood” exterior walls, dark brown “Thunderstruck”
trim, with ‘Durango’ Eldorado stone veneer. The composition shingle roof would be a dark
earth tone color. Although the same color palette will be used for the entire project, each
unit will have a different color combination. A color and material board will be available at
the site visit and public hearing.
Detail Colors and Materials
Building Ext. Colors include ‘Oakwood’, ‘Navajo White’, “Ironwood’, ‘Tan Oak’,
“Scatman Blue’ and “Stone Gate’ horizontal and shake wood siding
with ‘Thunderstruck’ trim
Windows Aluminum storefront windows with black trim
Roofing Dark Brown / Gray Blend Composition Shingle, Class ‘A’ tile
Accents /Entry Brown “Eldorado” stone veneer
Saratoga Gateway Design Guidelines
The proposed project is consistent with the objectives and the principles of the Saratoga-
Sunnyvale Road Gateway Design Guidelines (Gateway Guidelines), such as allowing the
incorporation of residential uses to increase diversity in Saratoga’s housing stock (Goal D),
preserving and protecting Saratoga’s pedestrian-friendly environment and enhancing the
quality of life by encouraging Commercial activity in the Gateway districts (Goal A, B), and
promoting and encouraging housing provisions consistent with General Plan for resident
employees of the City of Saratoga businesses and service providers (Goal D). A table
documenting conformance with the Gateway Guidelines can be found as Attachment 2.
Landscaping
Five trees would be planted within the project, either around the perimeter or in the common
space of the residential area. These trees would include Chinese Pistache, Crape Myrtle,
Laurel, and Yew Pine. In addition, several species of drought tolerant shrubs, grasses,
perennials, and groundcovers would be planted throughout the site, including Yellow
Lantana, Catmint, Sea Dais, and euonymus japonicas. Approximately 5,100 square feet of
the project site would be covered with landscaping.
The applicant has proposed planting Chinese pistache trees along the street so as to continue
the existing Saratoga-Sunnyvale streetscape. Landscape screening at the rear would include
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a 36” box Yew Pine and Carolina Laurel along the fence line. Yew Pines can grow up to
50’ in height and 25’ in width, while Carolina Laurel can grow 15 – 20’ in height and 6 – 8’
in width. Items which influence placement and variety of the tree and shrubs include the
proposed bio-retention area as well as the utility easements (i.e. power lines) located across
at the rear of the site.
Parking
The project would require a total of 40 parking spaces. The commercial and residential uses
have separate parking requirements. Parking ratios per City Code are shown below:
• Professional / Medical Office - One space for each two hundred square feet of floor
area.
• Multi-Family Residential - One covered space within a garage for each dwelling
unit, plus one and one-half additional spaces on the site for each dwelling unit
The office and retail uses of the project (based per sq. ft.) require 10 parking spaces and the
residential use requires 30 spaces (which includes 12 covered and 18 uncovered spaces).
The applicant has proposed 46 parking spaces (24 covered and 22 uncovered).
ADDITIONAL INFORMATION
Energy Efficiency
Per City Code Section 16-47, all new commercial buildings are required to incorporate
energy efficient or “green” measures into their design. The energy efficient features
included in this project include a Stormwater Pollution Prevention plan, bicycle parking, and
documentation demonstrating the building design will be fifteen percent more energy
efficient than required by Part 6 of Title 24 of the California Code of Regulations using a
State of California adopted performance method, as approved by the State Energy
Commission.
Study Sessions
The Planning Commission previously reviewed the project during a October 2013 study
session and requested that the following project related items be addressed:
• Outdoor space available
• Privacy concerns for the townhome adjacent to the residential property
• Required parking for residents
• Enclosure for garbage / recycle bins
Outdoor Space
The applicant has proposed rear yard patios and front balconies for each of the residential
uses, which meets the requirement of private, usable space, per the Mixed-Use Development
Standards within the City Code. Furthermore, the owner shall be required to pay a fee to the
City in lieu of dedicating land for park use. This fee is referred to as a “Park in-Lieu Fee”,
and has been calculated as $20,700 per residential unit.
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Privacy Concerns for residential properties
The applicant has proposed that Unit 12 (the unit closes to the eastern property line)
continue the same window pattern along the right elevation as all the other residential units..
However, Unit 12 will have slider windows (within bedrooms #2 & #3) with obscure glass
along the bottom portion and clear glass along the top portion. The bathroom, laundry
room, and master bedroom fixed windows will have obscure glass throughout.
The building department has completed a courtesy review of the project and determined that
the window in bedroom #2 cannot be fixed, as it must allow ingress/egress in case of an
emergency. The window for bedroom #3 can be fixed, since ingress/egress can be accessed
via the north facing window.
Along with the proposed window changes, the applicant would plant a 36” box Yew pine
and nine Carolina Laurel shrubs between the townhomes and the residential neighbors to the
east.
Required parking for residents
The Planning Commission expressed concern that the surface parking spaces within the
residential and commercial areas would be misused. The applicant has agreed to address
any parking concerns within the Covenants, Conditions, and Restrictions (CC&R) that will
be enforced by the homeowner’s association.
Enclosure for garbage and recycle bins
The project would include an area for garbage and recycle bins to be stored when they are
not outside to be emptied.
Neighbor Correspondence
The property owners located at 12236, 12270 and 12258 Kirkdale Drive have expressed
concerns regarding the project. These concerns are in the form of a letter which has been
included as Attachment 3.
Staff sent a “Notice of Public Hearing” to all property owners within 500 feet of the subject
property (Attachment 4). The public hearing notice and description of the project was
published in the Saratoga News. Staff has not received any additional communication (with
the exception of the neighbor letter referenced above) regarding the project.
Mixed-Use Development Standards
All mixed-used developments must meet the following standards contained in Article 15-58
of the City Code:
a) The proposed density does not exceed 20 dwelling units per net acre.
b) Only commercial uses may be located on the ground floor abutting a street.
Dwelling units may be located in all other portions of the structure or site.
c) The additional findings can be made for projects where the residential floor area
exceeds 50% of the total floor area of the project. These additional findings can be
found within the Design Review Findings below.
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d) The project meets the parking requirement established by City Code.
e) Proposed fencing complies with the maximum height standards.
f) Each dwelling unit has a private, usable outdoor space (balcony and patio).
g) The maximum height of a mixed-use structure shall be as it is stated in the
underlying zoning district. There are not mixed-use structures in the project.
h) The overall site coverage is within the coverage limits of the applicable zoning
district.
i) An approximately 8’tall sound wall exists on the eastern boundary of the project site
and new landscape screening that includes a Yew Pine and Carolina Laurel Shrubs
are proposed in order to help protect the privacy of abutting single-family residential
land uses
j) The project is multi-story and has been designed to provide adequate privacy
protection to the adjacent neighbors. Design features include partially obscure glass
on the last residential unit at the end of the row.
k) The project applicant will be required to pay a park-in-lieu fee, established pursuant
to Section 14-25.080 of the City Code.
The project applicant has met all of the above requirements.
DESIGN REVIEW FINDINGS
The findings required for issuance of a Design Review Approval pursuant to City Code
Section 15-46.040 are set forth below and the Applicant has met the burden of proof to
support making all of those required findings:
(a) Where more than one building or structure will be constructed, the architectural
features and landscaping thereof shall be harmonious. Such features include
height, elevations, roofs, material, color and appurtenances. The proposed project
includes structures with similar architectural features such as composition shingle
roofing, wood framed posts with lower stone veneer columns, and wood siding
facades with earth tone colors. The project includes varying roof types, new
landscaping, and a similar building footprint and height as nearby commercial and
residential buildings located along Saratoga-Sunnyvale Road. These factors help to
create a harmonious affect along the Saratoga Gateway. This finding can be made in
the affirmative.
(b) Where more than one sign will be erected or displayed on the site, the signs shall
have a common or compatible design and locational positions and shall be
harmonious in appearance. The proposal does not include any signage. Future
signage will be required to meet the City sign code requirements and the Saratoga-
Sunnyvale Gateway Design Guidelines. This finding can be made in the
affirmative.
(c) Landscaping shall integrate and accommodate existing trees and vegetation to be
preserved; it shall make use of water-conserving plants, materials and irrigation
systems to the maximum extent feasible; and, to the maximum extent feasible, it
shall be clustered in natural appearing groups, as opposed to being placed in rows
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or regularly spaced. The proposed landscaping includes a variety of drought
tolerant plants, trees and bio retention turf. Plants have been selected for their
variety of color, texture and aesthetics and include Lantana montevidensis (Yellow
Lantana), Nepta fassimii (Catmint), and Erigeron glaucus Arthur Menzies (Sea
Daisy) and trees such as Pistachia chinensis (Chinese pistache), Lagestroemia
Muskofee (Crape Myrtle) and Podocarpus gracilior (Yew Pine). This finding can be
made in the affirmative.
(d) Colors of wall and roofing materials shall blend with the natural landscape and be
nonreflective. The wall colors and roofing materials would blend with the natural
landscape because the proposed color tones are different shades of browns, beiges
and grays, which are within a similar color spectrum as nearby commercial and
residential properties along Saratoga-Sunnyvale Road. This finding can be made in
the affirmative.
(e) Roofing materials shall be wood shingles, wood shakes, tile, or other materials
such as composition as approved by the Planning Commission. No mechanical
equipment shall be located upon a roof unless it is appropriately screened. The
proposed project would include a composition shingle roof. The proposed roof is
non-reflective and is a blend of gray and brown colors. This finding can be made in
the affirmative.
(f) The proposed development shall be compatible in terms of height, bulk and design
with other structures in the immediate area. The proposed project would be
compatible with other developments along Saratoga-Sunnyvale Road. The nearby
area is comprised of two-story commercial and residential structures with similar
heights. This finding can be made in the affirmative.
Furthermore, the Planning Commission must make the following findings because the
residential floor area exceeds 50 percent of the total floor area of all buildings onsite. The
findings are as follows:
(1) That the proposed location of the mixed-use is in accord with the objectives of the
Zoning Regulations and the purposes of the district in which the site is located. The
proposed location is within a commercial district that allows mixed-use development as a
conditionally permitted use. Furthermore, mixed-use residential development in
commercial zoning districts is consistent with implementation of the General Plan and
Housing Element. This finding can be made in the affirmative.
(2) That the proposed location of the mixed-use and the conditions under which it
would be operated or maintained will not be detrimental to the public health, safety or
welfare, or materially injurious to properties or improvements in the vicinity. The
project includes medical office and residential dwelling units within a commercial zoned
district. The project is similar to mixed-use projects within the immediate area. The
operation and maintenance of either use would not be detrimental to the public health,
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safety and welfare of the properties in the vicinity in that both uses are already
established in existing commercial districts.
(3) That the proposed mixed-use will comply with each of the applicable provisions of
this Chapter. This finding can be made because appropriate conditions have been placed
on the proposed conditional use to ensure compliance to City Code requirements. This
finding can be made in the affirmative.
(4) That the proposed mixed-use will not adversely affect existing or anticipated uses in
the immediate neighborhood, and will not adversely affect surrounding properties or
the occupants thereof. This finding can be made because the City currently has multiple
commercial/residential developments within the immediate neighborhood. The project
proposes density and uses similar to nearby properties, most specifically, the property
located across Saratoga-Sunnyvale Road.
CONDITIONAL USE PERMIT FINDINGS
The findings required for issuance of a Conditional Use Permit Approval pursuant to City
Code Section 15-55.070 are set forth below and the Applicant has met the burden of proof to
support making all of those required findings:
(a) That the proposed location of the conditional use is in accord with the objectives
of the Zoning Ordinance and the purposes of the district in which the site is
located. This finding can be met because the proposed uses of medical office and
mixed-use residential are both already existing within the Commercial-Visitor (CV)
zoning districts. Both uses have been assessed it has been determined that adequate
off-street parking and loading areas are sufficient. This finding can be made in the
affirmative.
(b) That the proposed location of the conditional use and the conditions under which
it would be operated or maintained will not be detrimental to the public health,
safety or welfare, or materially injurious to properties or improvements in the
vicinity. This finding can be met because the project has been reviewed and
conditioned by the required agencies. The proposed development would not be
detrimental to public safety, as it will comply with all applicable local and state
regulations. This finding can be made in the affirmative.
(c) That the proposed conditional use will comply with each of the applicable
provisions of this Chapter. This finding can be made because appropriate
conditions have been placed on the proposed conditional use permit to ensure
compliance to City Code requirements. Any intensification of the proposed
conditional use would require an amended Conditional Use Permit application. This
finding can be made in the affirmative.
(d) That the proposed conditional use will not adversely affect existing or anticipated
uses in the immediate neighborhood, and will not adversely affect surrounding
properties or the occupants thereof. This finding can be made because the project
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ALTERNATIVE STANDARDS FOR MULTI-FAMILY DWELLINGS
When multi-family dwellings are proposed to be located upon a site within the CV
zoning district, the Planning Commission shall apply for such dwellings the development
standards set forth in Article 15-17 of the City Code. The density of development shall be
as determined in each case by the Planning Commission, based upon its finding that:
(1) The project will not constitute overbuilding of the site. This finding can be made
because the project has meet all zoning requirements associated with the site, such as
setbacks, building height, site coverage, and required off-street parking. This finding can
be made in the affirmative.
(2) The project is compatible with the structures and density of development on
adjacent properties. This finding can be made because the project is consistent with
structures and the development of adjacent properties. For example, the property located
across the street and behind Fidelity National Title (12295 Saratoga-Sunnyvale Road) has
14 dwelling units per acre (26 dwellings /1.9 acre site) with structures that are
approximately 27 feet in height. The project, as proposed, is 12 dwelling units per acre
with structures no taller than 26 feet in height. This finding can be made in the
affirmative.
(3) The project will preserve a sufficient amount of open space on the site. This finding
can be made because the project, as proposed, would dedicate approximately 11% of the
site to landscape. Furthermore, per City Code Section 14.25.080, the applicant shall pay
a fee to the City in lieu of dedicating open space land in the amount of $20,700 per
dwelling unit. This finding can be made in the affirmative.
(4) The project will provide sufficient light and air for the residents of the site and the
occupants of adjacent properties. This finding can be made in the affirmative as the
project, as designed, includes outdoor front balconies for six of the dwelling units and
rear yard patios for all of the dwelling units. These open areas would allow the residents
of the site sufficient access to light and air. Furthermore, the applicant has met the
setback requirements established by City Code, which will provide sufficient light and air
for occupants of adjacent properties. This finding can be made in the affirmative.
TENTATIVE MAP FINDINGS
The findings required for issuance of a Tentative Map Approval pursuant to City Code
Section 14-20.070 are set forth below. The Planning Commission shall not approve any
tentative map or building site if the applicant is unable to meet any of the following specific
conditions:
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(1) That the proposed map or building site is not consistent with the General Plan and any
applicable specific plan. The proposed map and building site are consistent with the
General Plan and Saratoga-Sunnyvale Road Gateway Guidelines, as the project would
provide the opportunity for offices and service establishments to concentrate for the
convenience of the public and in mutually beneficial relationship to each other while
promoting a stable, attractive commercial development.
(2) That the design or improvement of the proposed subdivision or building site is not
consistent with the General Plan and any applicable specific plan. The proposed
subdivision and has been designed to meet the requirements of Chapter 14 and Chapter 15
of the City Code, which reflects the policies of the General Plan and Saratoga. The project
design includes commercial and residential uses within a commercial district, which can be
conditionally approved per the City Code.
(3) That the site is not physically suitable for the type of development proposed. The
proposed site is physically suitable for commercial and residential development because the
lot is located within a commercial district and accessible to all required utilities.
(4) That the site is not physically suitable for the proposed density of development. The
proposed site is physically suitable for the proposed density because, per City Code, mixed-
use developments are allowed to have up to 20 units per acre. A similar shaped lot within
the same commercial district and located across the street has a similar number of units (13
units / acre) than the proposed project.
(5) That the design of the subdivision or building site or the proposed improvements are
likely to cause substantial environmental damage or substantially and avoidably injure
fish or wildlife or their habitat. The proposed project would not cause substantial
environmental damage or substantially and avoidable injure fish or wildlife or their habitat
because the project site is within an urban area and not located near wildlife habitat.
(6) That the design of the subdivision or building site or type of improvements is likely to
cause serious public health or safety problems. The design of the subdivision meets all
local requirements and standards and would not cause public health or safety problems.
(7) That the design of the subdivision or building site or type or improvements will conflict
with easements, acquired by the public at large, for access through or use of property
within the proposed subdivision or building site. In this connection, the advisory agency
may grant tentative approval if it finds that alternate easements, for access or for use, will
be provided, and that these will be substantially equivalent to ones previously acquired by
the public. This subsection shall apply only to easements of record or to easements
established by judgment of a court of competent jurisdiction and no authority is hereby
granted to the advisory agency to determine that the public at large has acquired
easements for access through or use of property within the proposed subdivision or
building site. The design of the subdivision would not conflict with existing easements, but
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rather, will result in the continuation and beautification of a new pedestrian path along
Saratoga-Sunnyvale Road.
(8) That a proposed subdivision of land which is subject to a contract executed pursuant
to the California Land Conservation Act of 1965 (The "Williamson Act") will result in
the creation of parcels of insufficient size to sustain their agricultural use, except as
otherwise provided in Government Code Section 66474.4. The property within the
proposed project is not agricultural land and is not in contract pursuant to the California
Land Conservation Act of 1965, also known as the “Williamson Act”.
(9) That the discharge of waste from the proposed subdivision or building site into an
existing community sewer system would result in violation of existing requirements
prescribed by a State regional water quality control board pursuant to Division 7
(commencing with Section 13000) of the State Water Code. The project includes a
Stormwater Pollution Prevention Plan (SWPPP) that incorporates microdetention in
landscape, appropriate maintenance and storm drain labeling, and a bioretention areas to be
constructed onsite. These site design and source control measures will assist in proper
disposal of waste, therefore the project would not violate the existing requirements
prescribed by the State regional water quality control board regarding discharge.
ENVIRONMENTAL DETERMINATION: The project is Categorically Exempt from the
Environmental Quality Act (CEQA) pursuant Section 15332 of the Public Resources Code.
Section 15332 allows “projects characterized as in-fill development meeting conditions,
such as, conformance with the applicable general plan designation and all general plan
policies, zoning designation, and regulations”. The project is proposing new construction of
one commercial building and twelve residential buildings (a total of thirteen buildings), the
subdivision of three parcels, all within an urbanized area, consistent with general plan,
zoning policies and regulations. The project applicant has not requested any variances or
exceptions for the proposed approvals.
STAFF RECOMMENDATION
Adopt Resolution No. 13-043 approving the project subject to conditions of approval.
ATTACHMENTS:
1. Resolution of Approval – 12250 Saratoga-Sunnyvale Road
2. Gateway Guidelines Consistency Table
3. Letter from Kirkdale Drive Neighbors
4. Public hearing notice, mailing addresses, and map for project notification
5. Reduced Plans, Exhibit "A.”
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RESOLUTION NO. 13-043
A RESOLUTION OF THE CITY OF SARATOGA PLANNING COMMISSION
APPROVING DESIGN REVIEW (PDR13-0025), CONDITIONAL USE PERMIT (CUP13-
0005), & TENTATIVE MAP (SUB13-0005) LOCATED AT
12250 SARATOGA-SUNNYVALE ROAD (386-30-036,037,038)
WHEREAS, an application was submitted by TimeSpace Square LLC requesting Design
Review approval to replace an existing commercial building with one commercial building and 12
residential townhomes, Conditional Use Permit approval for medical office within the commercial
building and mixed-use development within the Commercial-Visitor (CV) zoning district, and a
Tentative Subdivision Map approval to create two commercial condominium units and 12
residential townhomes. The foregoing work is described as the “Project” in this Resolution; and
WHEREAS, the limits of ownership, whether residential or commercial space, will be
defined on the condominium plan (a part of Covenants, Conditions and Restrictions (CC&R)) that
will be prepared together with the tract map and recorded concurrently for two commercial units
and twelve residential townhomes; and
WHEREAS, a Maintenance Association will be formed to maintain both the site and the
buildings; and
WHEREAS, on December 11, 2013, the Planning Commission held a duly noticed public
hearing on the subject application, and considered evidence presented by City Staff, the applicant,
and other interested parties.
NOW THEREFORE, the Planning Commission of the City of Saratoga hereby finds,
determines and resolves as follows:
Section 1: The recitals set forth above are true and correct and incorporated herein by
reference.
Section 2: The project is Categorically Exempt from the Environmental Quality Act
(CEQA) pursuant Section 15332 of the Public Resources Code. Section 15332 allows “projects
characterized as in-fill development meeting conditions, such as, conformance with the applicable
general plan designation and all general plan policies, zoning designation, and regulations”. The
project is proposing new construction of one commercial building and twelve residential buildings
(a total of thirteen buildings), the subdivision of three parcels, all within an urbanized area,
consistent with general plan, zoning policies and regulations. The project sponsor has not requested
any variance or exception for the proposed entitlements.
Section 3: The project is consistent with the Saratoga General Plan Goals LU 2 in that the
City shall encourage the economic viability of Saratoga’s existing commercial and office areas and
their accessibility by residents, taking into account the impact on surrounding residential areas.
22
Resolution No. 13-043
Section 4: The project is consistent with the Saratoga City Code regarding Design Review
findings in that the project will incorporate architectural features and landscaping that are
harmonious to the existing commercial neighborhood, in that the landscaping shall integrate water-
conserving plants, materials and irrigation systems to the maximum extent feasible, in that the
project will incorporate colors of wall and roofing materials to blend with the natural landscape and
be non-reflective, and that the proposed development shall be compatible in terms of height, bulk
and design with other structures in the immediate area.
Section 5: The project is consistent with the Saratoga City Code regarding Conditional Use
Permit findings in that the project location of the conditional use is in accord with the objectives of
the Zoning Ordinance and the purposes of the district in which the site is located, the proposed
location of the conditional use and the conditions under which it would be operated or maintained
will not be detrimental to the public health, safety or welfare, or materially injurious to properties or
improvements in the vicinity, the proposed conditional use will comply with each of the applicable
provisions of Chapter 15 of the Saratoga City Code, and that the proposed conditional use will not
adversely affect existing or anticipated uses in the immediate neighborhood, and will not adversely
affect surrounding properties or the occupants thereof.
Section 6: The City of Saratoga Planning Commission hereby approves applications
PDR13-0025, CUP13-0005, and SUB13-0005, for the project located at 12250 Saratoga-Sunnyvale
Road, subject to the Conditions of Approval attached hereto as Exhibit 1.
PASSED AND ADOPTED by the City of Saratoga Planning Commission on this 11th day of
December 2013 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
____________________________
Joyce Hlava
Chair, Planning Commission
Exhibit 1
23
Resolution No. 13-043
CONDITIONS OF APPROVAL
PDR13-0025, CUP13-0005 & SUB13-0005
12250 SARATOGA-SUNNYVALE RD. (386-30-036,037,038)
CONDITIONS OF APPROVAL
A. GENERAL
1. All conditions below which are identified as permanent or for which an alternative period of
time for applicability is specified shall run with the land and apply to the landowner’s
successors in interest for such time period. No zoning clearance, or demolition, or grading for
this project shall be issued until proof is filed with the city that a certificate of approval
documenting all applicable permanent or other term-specified conditions has been recorded by
the applicant with the Santa Clara County Recorder’s office in form and content to the
Community Development Director.
2. If a condition is not “Permanent” or does not have a term specified, it shall remain in effect until
the issuance by the City of Saratoga of a Certificate of Occupancy or its equivalent.
3. The Owner and Applicant will be mailed a statement, after the time the Resolution granting this
approval is duly executed, containing a statement of all amounts due to the City in connection
with this application, including all consultant fees (collectively “processing fees”). This
approval or permit shall expire sixty (60) days after the date said notice is mailed if all
processing fees contained in the notice have not been paid in full. No Zoning Clearance or
Demolition, Grading, or Building Permit may be issued until the processing fees have been paid
in full (and, for deposit accounts, a surplus balance of $500 is maintained).
4. The Project shall maintain compliance with all applicable regulations of the State, County, City
and/or other governmental agencies having jurisdiction including, without limitation, the
requirements of the Saratoga Zoning Regulations incorporated herein by this reference.
5. As a condition of this Approval, Owner and Applicant hereby agree to defend, indemnify and
hold the City and its officers, officials, boards, commissions, employees, agents and volunteers
harmless from and against:
a. any and all claims, actions or proceedings to attack, set aside, void or annul any action on
the subject application, or any of the proceedings, acts or determinations taken, done or
made prior to said action; and
b. any and all claims, demands, actions, expenses or liabilities arising from or in any manner
relating to the performance of such construction, installation, alteration or grading work by
the Owner and/or Applicant, their successors, or by any person acting on their behalf.
In addition, prior to any Zoning Clearance from the Community Development Director, Owner
and Applicant shall execute a separate agreement containing the details of this required
Agreement to Indemnify, Hold Harmless and Defend, which shall be subject to prior approval
as to form and content by the City Attorney.
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Resolution No. 13-043
COMMUNITY DEVELOPMENT
6. Compliance with Plans. The development shall be located and constructed to include those
features, and only those features, as shown on the Approved Plans dated October 30, 2013
denominated Exhibit "A". All proposed changes to the Approved Plans must be submitted in
writing with plans showing the changes, including a clouded set of plans highlighting the
changes. Such changes shall be subject to approval in accordance with Condition No. 4, above.
7. Building Division Submittal. Four (4) sets of complete construction plans shall be submitted
to the Building Division. These plans shall be subject to review and approval by the City prior to
issuance of Zoning Clearance. The construction plans shall, at a minimum include the
following:
a. Architectural drawings and other plan sheets consistent with those identified as Exhibit “A”
on file with the Community Development Department and referenced in Condition No. 6
above;
b. A note shall be included on the site plan stating that no construction equipment or private
vehicles shall be parked or stored within the root zone of any Ordinance-protected tree on
the site;
c. This signed and dated Resolution printed onto separate construction plan pages;
d. All additional drawings, plans, maps, reports, and/or materials required by the Building
Division.
8. Lighting. Exterior lighting shall be shielded so as not to shine on adjacent properties or public
right-of-way.
9. Maintenance of Construction Project Sites. Because this Design Review Approval
authorizes a project which requires a Building Permit, compliance with City Code Section 16-
75.050 governing maintenance of construction project sites is required.
10. Hours of Operation. The medical office shall be allowed to operate no earlier than 6:30 A.M.
and no later than 8:00 P.M.
11. Intensification of Medical Use. Any expansion of the conditional uses shall require approval
of an amended Conditional Use Permit.
12. Landscape Median. Prior to the City granting any occupancy of the final residential unit
approved by this permit, the applicant shall enter into an agreement with the City, in a form
acceptable to the City Attorney, for the payment of a fair-share contribution towards the
completion of a 300 foot long landscape median along the centerline of Saratoga-Sunnyvale
Road in front of the properties located at 12250 and 12260 Saratoga-Sunnyvale Road. The
estimated cost of the landscape median is $150,000 and the applicant’s fair-share contribution
shall not exceed one third (1/3) of the cost or $50,000 whichever is less.
13. Noise Levels. All noise levels will comply with Saratoga Municipal Code (SMC) Section 7-
30.040 regarding noise standards and SMC Section 7-30.060 regarding exceptions to special
activities.
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Resolution No. 13-043
14. Medical Office. The uses shall at all times operate in compliance with all regulations of the
City and/or other agencies having jurisdictional authority over the use pertaining to, but not
limited to, health, sanitation, safety, and water quality issues.
15. Business Licenses. The applicant shall apply for and obtain approval of a Business License
from the City of Saratoga prior to issuance of building permit(s) for tenant improvement(s).
PUBLIC WORKS
16. Record of LLA. Prior to Building Permit issuance, any and all required documentation for the
Lot Merger for 12250 Saratoga-Sunnyvale Road must be recorded with the Santa Clara County
Recorder’s office.
17. Property Survey. Prior to submittal of the Final Map to the Public Works Department for
examination, the owner (applicant) shall cause the property to be surveyed by a Licensed Land
Surveyor or an authorized Civil Engineer. The submitted map shall show the existence of a
monument at all external property corner locations, either found or set. The submitted map shall
also show monuments set at each new corner location, angle point, or as directed by the Public
Works Department, all in conformity with the Subdivision Map Act and the Professional Land
Surveyors Act.
18. Submittal Requirements. The owner (applicant) shall submit four (4) copies of a Final Map in
substantial conformance with the approved Tentative Map, along with the additional documents
required by Section 14-40.020 of the Municipal Code, to the Public Works Department for
examination. The Final Map shall contain all of the information required in Section 14-40.030
of the Municipal Code and shall be accompanied by the following items:
a. One copy of map checking calculations.
b. Preliminary Title Report for the property dated within ninety (90) days of the date of
submittal for the Final Map.
c. One copy of each map referenced on the Final Map.
d. One copy of each document/deed referenced on the Final Map.
e. One copy of any other map, document, deed, easement or other resource that will
facilitate the examination process as requested by the Public Works Department.
19. Map Checking Fees. The owner (applicant) shall pay a Map Checking fee, as determined by
the Public Works Director, at the time of submittal of the Final Map for examination.
20. Monuments. Interior monuments shall be set at each lot corner either prior to recordation of
the Final Map or some later date to be specified on the Final Map. If the owner (applicant)
chooses to defer the setting of interior monuments to a specified later date, then sufficient
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Resolution No. 13-043
security as determined by the Public Works Director shall be furnished prior to Final Map
approval, to guarantee the setting of interior monuments.
21. Encroachment Permit Requirement. The owner (applicant) shall obtain an Encroachment
Permit from the City of Saratoga for any and all improvements in the City right-of-way or City
easement prior to commencement of the work. The owner (applicant) shall replace sections of
sidewalk and/or curb and gutter as determined during the Encroachment Permit issuance.
22. Dedication. The owner (applicant) shall provide Irrevocable Offers of Dedication for all
required easements and/or rights-of-way on the Final Map, in substantial conformance with the
approved Tentative Map, prior to Final Map approval.
23. Utilities. Prior to Final Map approval, the owner (applicant) shall furnish the Public Works
Department with satisfactory written commitments from all public and private utility providers
serving the subdivision guaranteeing the completion of all required utility improvements to
serve the subdivision.
24. Permits. The owner (applicant) shall secure all necessary permits from the City and any other
public agencies, including public and private utility providers, prior to commencement of
subdivision improvement construction. Copies of permits other than those issued by the City
shall be provided to the Public Works Department.
25. Park and Recreation Fee. The owner (applicant) shall pay the applicable Park and Recreation
Development fees prior to Final Map approval.
26. Best Management Practices. All building and construction related activities shall adhere to
New Development and Construction - Best Management Practices as adopted by the City for
the purpose of preventing storm water pollution.
27. Owner’s Association. Prior to Final Map approval, the owner/applicant shall be required to
create and establish an owner’s association or other entity which will be in charge of operation
and maintenance of the project in perpetuity. Furthermore, the owner/applicant will be required
to submit proof, acceptable to the City of Saratoga, that such entity has been established.
28. Engineered Improvement Plan. The owner (applicant) shall submit engineered improvement
plans to the City Engineer in conformance with the approved Tentative Map and in accordance
with the design and improvement requirements of Chapter 14 of the Municipal Code. The
improvement plans shall be reviewed and approved by the City Engineer and the appropriate
officials from other public agencies having jurisdictional authority, including public and private
utility providers, prior to approval of the Final Map.
29. Subdivision Improvement Plan Fee. The owner (applicant) shall pay a Subdivision
Improvement Plan Checking fee, as determined by the Public Works Director, at the time
Improvement Plans are submitted for review.
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Resolution No. 13-043
30. Improvement Agreement. The owner (applicant) shall enter into an Improvement Agreement
with the City in accordance with Section 14-60.010 of the Municipal Code prior to Final Map
approval.
31. Improvement Securities. The owner (applicant) shall furnish Improvement Securities in
accordance with Section 14-60.020 of the Municipal Code in the manner and amounts
determined by the Public Works Director prior to Final Map approval.
32. Indemnification. The owner (applicant) shall furnish a written indemnity agreement and proof
of insurance coverage, in accordance with Section 14-05.050 of the Municipal Code, prior to
Final Map approval.
33. Stormwater Treatment. The owner/applicant shall provide the Director of Public Works with
a plan describing how owner/applicant will implement all BMPs and other measures required to
reduce the stormwater runoff impacts of the project, as described in and required by the City's
NPDES Municipal Regional Stormwater Permit, Order R2-2009-0074. The measures included
in this plan shall include, but are not limited to, construction site control measures, plans for
storm drain stenciling, and landscaping measures. This plan must be approved by the Director of
Public Works. Prior to final map approval, the owner/applicant shall implement the plan,
including paying City any fees for reviewing the plan, inspection and reporting.
34. Landscape / Lighting District. The Property is included in existing Landscape and Lighting
Assessment District No. 1. The cost of providing for the maintenance of any landscaped
stormwater treatment systems or hydro modification controls developed on the property will be
included in the assessment amount.
35. NPDES Permit. Prior to beginning of construction, the applicant shall file a Notice of Intent
(NOI) with the Regional Water Quality Control Board, if required, to obtain coverage under the
State General Construction Activity NPDES Permit. Satisfactory evidence of the filing of the
NOI shall be furnished to the City. The applicant shall comply with all provisions and
conditions of the State Permit, including preparation and implementation of a Storm Water
Pollution Prevention Plan (SWPPP). Copies of the SWPPP shall be submitted to the City prior
to beginning of construction and maintained on site at all times during construction.
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1
Project Consistency with Applicable Saratoga-Sunnyvale Road Design Guidelines
12250 Saratoga-Sunnyvale Road (PDR13-0025, CUP13-0005, SUB13-0005)
Design Guidelines Consistent with Project?
Architecture and Materials
1. Encourage smaller-scale building
floorplates with an appropriate scale and
architectural style, consistent with early
Californian architectural styles, (including,
but not limited to, Craftsman, Queen Anne,
Stick, and Mission) that conform to the look
of the general area. (Goal B,C)
Consistent. The proposed buildings would
be consistent with the look and feel of other
commercial and residential structures in the
area. The proposed architecture references a
traditional architectural style, with a mixture
of wood siding, and flat roof tiles.
2. Buildings should relate specifically to
Saratoga's residential areas and illustrate
residential massing with low-pitched gable
or hip roofs, dormer windows, etc. (Goal C)
Consistent. The roof portion visible from
the Saratoga-Sunnyvale Road would be of
mansard and similar to other commercial
structures. The townhomes would have a
similar appearance to residential roofs in the
neighborhood.
3. In order to reduce the perceived scale of
buildings, building masses shall be broken
into smaller components. Large “boxes”
with no articulation will not be allowed.
(Goal C)
Consistent. The facade of the building
visible from Saratoga-Sunnyvale Road
would be articulated and broken into
smaller components with the use of stone
veneer, gabled roof forms, and wood siding.
4. Building walls and rooflines should
include articulation, with a change in
surface materials, color or surface plane. All
primary building entrances must be
identified with architectural details such as
towers, projections, varied roofs, trellis
work, pergolas or covered entry ways. (Goal
B,C)
Consistent. A variety of materials would be
incorporated into the main façade of the
building, and the main entryways would be
emphasized using materials such as stone
veneer and aluminum-framed doors.
5. Buildings should be designed with
vertical breaks to create differentiation
along the front facade. This can be done
with indented balconies or/and articulation
of massing or/and changes in material,
texture, and color. (Goal C)
Consistent. The design of the project
features a covered entryway for the
commercial and residential buildings. The
residential buildings also incorporate
indented second floor balconies within their
front façade.
6. Corners of buildings should be
highlighted with special design features to
increase visual interest where appropriate.
Entrances or display windows to the retail
shops are encouraged at building corners
that face street corner locations. (Goal B)
Consistent. Display windows and stone
elements would be placed at the corners of
the commercial building, which would be
exposed to Saratoga-Sunnyvale Road.
7. Rooflines should be varied in style and
size to create interest. All buildings should
Consistent. Covered entryways would
create a varied roofline on the buildings and
29
2
Design Guidelines Consistent with Project?
include roof features such as pitched roofs,
detailed parapets, or entry features. Rooftop
mechanical equipment shall be screened on
all sides. (Goal B,C)
create interest. Rooftop equipment is not
proposed for the project.
8. Rooftop mechanical units, vents, and
flues shall be screened. Screening rooftop
mechanical equipment by means of pitched
roof forms or penthouses is encouraged.
(Goal B,C)
Consistent. See #7.
9. Service and loading areas should not be
located immediately adjacent to residential
uses or Saratoga Sunnyvale Road. (Goal
B,C)
Consistent. Loading would be located on
either the southern portion of the site,
adjacent to commercial uses.
10. A specific color palette, list of materials,
and common architectural features will be
required for all development in the Saratoga
Gateway District. This is intended to
establish a common theme or style of
architectural design for all buildings within
the District. All buildings shall incorporate
360 degree (i.e., all building faces) use of
materials and color. (Goals B,C)
Consistent. Colors include tans, creams,
beiges, browns, grays, and subtle greens.
Specific list of materials include cultured
stone veneer, composition roofing tile,
wood siding and exterior plaster. Common
architectural features include the indented
second story balconies and metal doors and
frames.
11. Colors for all buildings should be earth
tones, neutrals and soft muted colors. The
predominant color should be in the range of
grays, beige through dark brown, terra cotta
and sandstone, dark greens, or muted red.
Bright intense colors are not allowed. Stark
white or black is discouraged for use other
than as trim. Un-muted primary colors are
not allowed. (Goals B,C)
Consistent. See #10.
12. Finish materials for walls should be
predominantly natural materials such as
brick, textured block, stone, slate, stucco,
wood, clap board siding or textured and
colored concrete that closely resembles such
materials. Accent materials may include
canvas for awnings, metal trim, ceramic
tiles, concrete castings, terra cotta, or
stucco. Window and door trim should be
bronzed or baked enamel colored finish that
is complimentary to the color of the wall.
Materials such as galvanized metal, glossy
aluminum, smooth concrete, metal siding,
vinyl, and reflective glass are not allowed.
Consistent. The facades of the project
would include natural-looking materials
such as wood siding and stone veneer and
columns. Window and door trim would
generally be of muted aluminum
construction with black color, and would be
complementary to other design materials
and consistent with other commercial uses
in the area.
30
3
Design Guidelines Consistent with Project?
(Goals B,C)
13. Encourage canopies/awnings/arcades to
define entrances and provide shelter along
buildings. (Goal B)
Consistent. Covered entryways would be
provided for the commercial units.
14. Building entrances should be set back
from drive curblines to achieve public
safety and entry articulation. (Goal B)
Consistent. The building would be set back
from the curb line of the parking lot. A
landscape strip would buffer the curblines
with the parking area to achieve public
safety.
15. Building entrances should be
identifiable from parking areas. (Goal A, B)
Consistent. The building entryway would be
identifiable from front parking areas due to
the use of distinctive building materials and
prominent entryways.
16. Building materials should include
appropriate materials to achieve city council
goals. Such materials should establish a
single, recognizable style, consistent with
early California, for all adjacent commercial
areas. The rural residential character of the
City should be maintained through low
residential densities, extensive landscaping
along streets and the relatively low profile
and height of structures. In commercial
areas this can be achieved by the use of
architectural features, materials and color to
reduce bulk and mass. The use of traditional
residential architectural design themes that
can be transformed into effective
commercial functions can be an effective
method in which to achieve this goal. (Goal
B)
Consistent. The project would include a
landscape buffer along Saratoga-Sunnyvale
Road and traditional architectural themes,
including mansard roof forms and the use of
natural-looking materials such as stone
veneer and wood horizontal siding. The use
of traditional residential architectural design
themes incorporated into the residential
townhomes (such as earth tone exterior
colors and natural materials) have been
incorporated into the commercial building,
which assists in keeping the rural residential
character of the City.
17. A predominance of masonry, wood and
brick shall be used on ground levels of all
buildings. (Goal B)
Consistent. The building would utilize wood
siding and stone veneer on both the
commercial and residential structures.
18. Reflective materials such as bright
aluminum and glass are not allowed as the
primary building material on exteriors.
(Goal B)
Consistent. The colors and materials of the
project include earth tone browns, grays,
and greens with wood siding and stone.
19. Pedestrian amenities, such as benches,
trash receptacles, outdoor dining and vendor
carts on private property, are encouraged to
be consistent with the theme established by
Saratoga-Sunnyvale Road Gateway. (Goal
Not Yet Determined. The design of such
pedestrian amenities has not yet been
finalized by the project sponsors.
31
4
Design Guidelines Consistent with Project?
B)
Landscaping and Buffering
1. Landscape islands should be provided in
parking lots to interrupt consecutive runs of
parking spaces. Landscape islands shall
incorporate a mix of shade tree and shrub
plant material to visually buffer internal site
views from both ground and to provide
shade. (Goal B,C)
Consistent. Landscape buffers would be
provided in the surface parking lot.
2 Parking areas should incorporate low
landscaping buffers to screen parked cars
from adjacent streets. All head in parking
adjacent to public right of way or residential
areas shall be screened by one of the
following: masonry wall, earthen berm,
and/or dense shrub planting. (Goal B,C)
Consistent. Landscape buffers would screen
the surface parking lots proposed adjacent
to Saratoga-Sunnyvale Road. Landscape
buffers and shrubs would be used to screen
the surface parking area to the east, and
existing wall would be left in-place.
3. Landscaped parking islands and medians
should constitute a substantial portion of the
overall parking area to achieve an attractive
commercial environment consistent with the
Saratoga environment. (Goal B,C)
Consistent. Landscaped areas would be
included in the parking lot.
4 The use of landscaping should be
encouraged to distinguish access points,
break up parking and define pedestrian
access and spaces. (Goal B,C)
Consistent. Landscaping would be utilized
throughout the site to identify access points
and walkways.
5 Landscape layout and design should orient
the pedestrian environment. (Goal B)
Consistent. Landscaping would be used to
connect the pedestrian realm adjacent to
Saratoga-Sunnyvale Road to the pedestrian
walkways on the site.
6. Street tree plantings shall be required
where none exist along Saratoga-Sunnyvale
Road to promote a consistent tree canopy,
reduce perceived building heights and
provide shade. Street trees shall be pruned
and otherwise maintained to provide
visibility of businesses and to encourage
proper growth and height. (Goal B,C)
Consistent. Trees are being proposed along
the front setback of the project and adjacent
to Saratoga-Sunnyvale Road.
7 Private drives serving the internal
circulation needs of proposed development
shall require street tree plantings. (Goal
B,C)
Consistent. The landscape plan identifies an
existing tree adjacent to the private drive.
8 Shrubs, groundcovers and perennial
plantings are encouraged between detached
pedestrian walks and buildings. (Goal B,C)
Consistent. Groundcovers and other low-
growing plant species would be planted
adjacent to the proposed buildings.
32
5
Design Guidelines Consistent with Project?
9 Trellises with flowering vines and
hanging flower baskets are encouraged at
building entries to make the entry more
easily identifiable, provide pedestrian scale
and add visual interest. (Goal B,C)
Not Yet Determined. Hanging flower
baskets would be decision of the tenant as it
is a temporary measure.
10. Buffering between commercial or mixed
use projects and adjacent residential uses
shall incorporate the following: (Goal B,C)
• Solid (decorative) masonry wall.
• Exclusive landscape buffer area reserved
for buffering purposes - no private outdoor
use or other programmed activities are
allowed within the buffer area.
• Trees shall be 24” boxed size minimum.
• Privacy issues shall be addressed through
the citing of balconies and windows above
ground floor level adjacent to residential
properties to protect the privacy of
residential neighbors.
• Rear or side parking lots adjacent to
residential uses shall be designed to
address after hour security.
Consistent. The existing wall would remain
as part of the project. The wall separating
the project site from adjacent residential
uses is of masonry construction. The tree
proposed would exceed the 24-inch box
minimum requirement. Privacy and security
issues would be addressed through the
setback of the buildings from the eastern
property line of the sites (and adjacent
residential uses). The project does not have
a rear parking lot, but rather a small parking
area.
11. Buffering between commercial or mixed
use development and other similar uses
shall consist of a landscape area planted
with trees, shrubs and groundcovers. (Goal
B,C)
Consistent. A landscaped buffer would be
planted along the eastern boundary of the
site, adjacent to residential uses.
12. The following list of trees shall be
considered for incorporation into the design
of commercial parking lots. (Goal B,C)
Consistent. Pistacia chinensis (Chinese
pistache) are listed in the “considered tree
species” within the Design Guidelines and
are proposed to be planted within the front
parking lot area. A Posocarpus gracilior
(Yew Pine) is proposed to the rear of the
site, in order to accommodate privacy
concerns of the residential uses.
Fencing and Screening Walls
3. Fencing is discouraged between
properties of similar use. (Goal A,B,C)
Consistent. Fences would not be proposed
between similar uses, yet a fencing of the
rear yard and patio would be placed
between the residential uses and
commercial uses located to the north.
5. Trash, service and loading areas should
not be located adjacent to street frontages or
adjacent to existing residential uses and will
Consistent. Trash and loading areas would
occur adjacent to the southern area of the
site, separated from residential uses to the
33
6
Design Guidelines Consistent with Project?
be screened from view from public streets.
(Goal B,C)
west of the site by a parking area and
landscape buffer, 25 foot landscaped buffer,
and wall. The garbage and recycle bins will
be kept indoors in a designated area (as seen
on the site plan) when not in use.
Note: Policies related to Commercial Retail Signage and Lighting and Furnishings are not included in this Attachment because
the project sponsors have not yet submitted detailed signage, lighting, and furnishing plans.
34
Saratoga City Hall October 22, 2013
Planning Department
13777 Fruitvale Avenue
Saratoga, CA 95070
Saratoga Planning Commissioners and Planning Staff,
Following the study session we, adjacent Kirkdale Drive home owners, have reviewed the
planning documents for the proposed mixed use and plans for the lot on 12250 Saratoga Sunnyvale
Road directly behind and or near our houses.
We have also reviewed the 2003 Gateway Guidelines which were to create a plan for a very
special entry to Saratoga.. Bill Benevento, Jack and Sue Mallory, and Carl Sessler and Jeff Walker
participated on the citizens taskforce for this study and continue to live in this area.
Many of the key points related to our comments and recommendations are based on the 2003
Guidelines. I encourage you to read the guidelines again to become familiar with the detail and spirit of
this document. The following are some of the key points in the Gateway Guidelines related to our
concerns:
Gateway Guidelines
Under Gateway Goals, page 6
B. Enhance the Neighborhood Quality of Life
1. Reference to a village or town look
2. Minimize impacts to the neighborhood
3. Using landscape buffers, set backs, and reduced building heights near the
single story neighbors to enhance privacy.
C. New Commercial Projects to be consistent with the rural character of Saratoga
1. Low residential densities
2. Extensive Landscaping along streets
3. Low profile and height of structures
4. Use of traditional residential design themes
Under Design Guideline Objectives and Guideline Principles, page 9
9. Mitigate adverse impacts to existing neighborhood uses and commercial uses
11. Any redevelopment projects shall provide sound walls and landscape screening to
protect the privacy and quality of life abutting residential land uses provided for in the
design guidelines
Under Architecture and Materials, Page 10
3. Building masses shall be broken into smaller components
3. Large boxes with no articulation will not be allowed.
Neighborhood Issues
1. Privacy. The townhomes will tower over and look into the backyards of the existing
single story homes.
2. Buffer. There is no landscape buffer shown between the townhomes and existing
neighbors and there is parking in this area.
3. Impact on Light and Air. The existing building is about almost 20 feet tall and about
48 feet from the property line and the town houses will be 26 feet high and 30 feet
from the property line.
35
We feel this new proposal is much better than the previous project but we ask you to consider
the following comments and recommendations during your meetings.
Recommendations to buffer the townhouses from the single family houses to the East
1. Establish a landscaped buffer of at least 15 feet plus the 30 feet parking area on the
drawings
2. Require the last town house( #12) to be single story
(Note there are no two story houses in our neighborhood)
3. Require windows facing East (#11 and #12) to be at least six and half feet off the
floor and require opaque windows on the East side or sky lights.
4. Consider the guideline that mixed use development should not be injurious to
properties in the vicinity.
5. Consider eliminating one or two townhouses to make for a more attractive project
with less dense use and with more landscaping. The project appears to be over
developed. The overall project has a footprint about 17,300 square feet vs the
12,300 square feet footprint compared to the earlier project.
6. Review the townhouse design to be consistent with the spirit of the 2003 Gateway
Guidelines.
In addition to the above we have the following questions about the proposed project
South side of the townhouses
Will the site owned by the Muslim Association plan to use the same alley/access being
used by these town houses? If so how will the driveway be configured so as to
accommodate both ground level ingress and egress as well as potential below ground
parking?
North Side of the townhouses
Will be there a redwood fence line between the Aquatics Center and the town houses
Will there be landscaping in the backyards to buffer sounds from the Aquatic Center.
Town Houses
Will these town homes be owned and rented by the property owner or sold
and a homeowner association established?
Due to the slant of the land will houses on the East side be lower than the town homes
closer to the road.
Due to the long narrow continuous appearance to the town houses, cars, and little
apparent landscaping, are you considering any changes to reduce density and
appearance.
Commercial building
Will this be designed to give an appearance as recommended in the Gateway
Guidelines?
Will there be large trees planted along Saratoga Sunnyvale Road consistent with a
tree lined boulevard as planned in the Gateway Plan?
Will there be off street auto traffic permitted to flow between the aquatic center and
the site owned by the Muslim Association?
36
Median on Saratoga Sunnyvale Road
Will the incomplete/open median strip along Saratoga Sunnyvale Road in front this lot
be completed? The reason the median was left open no longer exists.
Sincerely yours,
Jack Mallory Bill Benevento Charles Ye
37
CITY OF SARATOGA
Community Development Department
13777 Fruitvale Avenue
Saratoga, CA 95070
(408) 868-1222
NOTICE OF PUBLIC HEARING
The City of Saratoga’s Planning Commission announces the following public hearing on:
Wednesday, the 11th day of December, 2013, at 7:00 p.m.
The public hearing will be held in the City Hall Theater located at 13777 Fruitvale Avenue. The
public hearing agenda item is stated below. Details of this item are available at the Saratoga
Community Development Department, Monday through Friday 7:30 a.m. – 5:00 p.m. Please
consult the City website at www.saratoga.ca.us regarding Friday office closures.
APPLICATION/ADDRESS: PDR13-0025, CUP13-0005, & SUB13-0003 / 12250
Saratoga-Sunnyvale Road
APPLICANT/OWNER: TimeSpace Square LLC
APN: 386-30-036,037,038
DESCRIPTION: The applicant is requesting Design Review, Conditional Use Permit, and
Subdivision approval for the demolition of three existing single-story light industrial buildings
and the construction of one commercial / retail building, approximately 1,835 sq. ft. in size and
20 feet in height and twelve residential townhomes, approximately 2,500 sq. ft. in size and 26
feet in height. The project is in conformance with City standards for height, setbacks, floor area,
and site coverage.
All interested persons may appear and be heard at the above time and place. If you challenge a
decision of the Planning Commission pursuant to a Public Hearing in court, you may be limited to
raising only those issues you or someone else raised at the Public Hearing. In order for information
to be included in the Planning Commission’s information packets, written communications should
be filed on or before Tuesday, December 3, 2013
This notice has been sent to all owners of property within 500 feet of the project that is the subject
of this notice. The City uses the official roll produced by the County Assessor’s office annually, in
preparing its notice mailing lists. In some cases, out-of-date information or difficulties with the U.S.
Postal Service may result in notices not being delivered to all residents potentially affected by a
project. If you believe that your neighbors would be interested in the project described in this
notice, we encourage you to provide them with a copy of this notice. This will ensure that everyone
in your Community has as much information as possible concerning this project.
Michael Fossati
Planner
(408) 868-1212
38
Subject APN: 386-30-036,037,038 Address: 12250 Saratoga-Sunnyvale Rd 500’ Radius Saratoga, CA 95070 Advanced Listing Services Inc. Ownership Listings & Radius Maps P.O. Box 2593 •Dana Point, CA •92624 Office: (949) 361-3921 •Fax: (949) 361-3923 www.Advancedlisting.com 39
Parcel Number Owner Name Owner Address Owner City, State Zip
#5296 500' OWNERSHIP LISTING Prepared for:
12250 Saratoga-Sunnyvale Rd
366-12-054 WHITELAW PROPERTIES LLC 12333 SARATGA-SNYVLE RD #A SARATOGA CA 95070
366-12-065 ZOE ALAMEDA-FAROTTE 12341 SARATOGA-SUNNYVALE RD SARATOGA CA 95070
366-12-066 DOLORES OLIVER-JAMHOUR 17330 LOCUST DR LOS GATOS CA 95033
366-12-072 PUBLIC STORAGE INC P O BOX 25025 GLENDALE CA 91221
366-35-001 DAVID R & GEORGIA Y NOWLIN 884 TYNOR WAY INCLINE VILLAGE NV 89451
366-35-002 CAROL S TUCKMAN 20555 OAK CREEK LN SARATOGA CA 95070
366-35-003 BECKY C LEE 20559 OAK CREEK LN SARATOGA CA 95070
366-35-004 CRICHTON FAMILY TR 20563 OAK CREEK LN SARATOGA CA 95070
366-35-005 BRIAN & KRISTI T SACKETT 20567 OAK CREEK LN SARATOGA CA 95070
366-35-006 SALLAN C NANCY 20571 OAK CREEK LN SARATOGA CA 95070
366-35-007 KUANG MING & CHEN LINDA CHU 20575 OAK CREEK LN SARATOGA CA 95070
366-35-008 WILLIAM R & JOAN E SILVER PO BOX 1764 LOS ALTOS CA 94023
366-35-009 VISHWAMBER & RAO VIJAYA YELSANGIKA20605 OAK CREEK LN SARATOGA CA 95070
366-35-010 DAVID A DALTON 20609 OAK CREEK LN SARATOGA CA 95070
366-35-011 GREG SMITH 20615 OAK CREEK LN SARATOGA CA 95070
366-35-012 RAWLINGS WILLIAM A ESTATE OF 20619 OAK CREEK LN SARATOGA CA 95070
366-35-013 BYEUNG JUN LEE 20584 OAK CREEK LN SARATOGA CA 95070
366-35-014 SURESH NALLAPATI 20580 OAK CREEK LN SARATOGA CA 95070
366-35-015 JUBIN M HONARVAR 2036 SONADOR CMN SAN JOSE CA 95128
366-35-016 HEMANT R & URMILA H HABBU 20572 OAK CREEK LN SARATOGA CA 95070
366-35-017 GOTO FAMILY TR 20568 OAK CREEK LN SARATOGA CA 95070
366-35-018 CUDDALORE & SATHYABHAMA S SUNDAR20564 OAK CREEK LN SARATOGA CA 95070
366-35-019 OAK CREEK INVESTMENTS NOT AVAILABLE SARATOGA CA 95070
366-35-020 OAK CREEK INVESTMENTS NOT AVAILABLE SARATOGA CA 95070
366-35-021 OAK CREEK INVESTMENTS NOT AVAILABLE SARATOGA CA 95070
366-36-001 OAK CREEK INVESTMENTS NOT AVAILABLE SARATOGA CA 95070
366-36-002 MELISSA Y LIU 12347 JULIE LN SARATOGA CA 95070
366-36-003 CHANG-LEE CHAN 12343 JULIE LN SARATOGA CA 95070
366-36-004 HELEN L FELLER 12339 JULIE LN SARATOGA CA 95070
366-36-005 GERALD R & PINET CELINE HARP 12335 JULIE LN SARATOGA CA 95070
366-36-006 ROBERT & OBOT-RODIN DEBORAH RODIN1390 INVERNESS DR PASADENA CA 91103
366-36-007 JONATHAN M & MARI E KAPLAN 12327 JULIE LN SARATOGA CA 95070
366-36-008 MERCEDES F TAN 3144 KERMATH DR SAN JOSE CA 95132
366-36-009 JAMES W & BARBARA P MOORE 12320 JULIE LN SARATOGA CA 95070
366-36-010 JAY C & SHIRLEY M GILLIS 12316 JULIE LN SARATOGA CA 95070
366-36-011 JACK & AIMEE TANG 12312 JULIE LN SARATOGA CA 95070
366-36-012 JOSEPH G & VALERIE A MARVIN 12308 JULIE LN SARATOGA CA 95070
366-36-013 CURTNER INVESTORS 12300 JULIE LN SARATOGA CA 95070
366-36-014 LARRY L WEST 20623 OAK CREEK LN SARATOGA CA 95070
366-36-015 LINN N & CAROLYN M HONG 20627 OAK CREEK LN SARATOGA CA 95070
366-36-016 LIDA L KON 20631 OAK CREEK LN SARATOGA CA 95070
366-36-017 LESLIE A MAHAN 20635 OAK CREEK LN SARATOGA CA 95070
366-36-018 EDDIE N & LEANNE LEE 708 IRIS GARDENS CT SAN JOSE CA 95125
366-36-019 BINU & PAULOSE RITA JOHN 20643 OAK CREEK LN SARATOGA CA 95070
366-36-021 WILLIAM A & ATSUKO K BAGLEY 20653 OAK CREEK LN SARATOGA CA 95070
366-36-022 YU-DE & LO CHIACHIA LIOU 20657 OAK CREEK LN SARATOGA CA 95070
366-36-023 RANGACHARI & RANJANI NARASIMHAN 20661 OAK CREEK LN SARATOGA CA 95070
366-36-024 AMAL KUMAR BHATT 20665 OAK CREEK LN SARATOGA CA 95070
366-36-025 MANIKANDAN A & KUMBAKONAM BRINDH 20644 OAK CREEK LN SARATOGA CA 95070
366-36-026 YOUNG E & ANGELA M RHEE 21037 BANK MILL LN SARATOGA CA 95070
366-36-027 CHANDRAMOHAN R YENGOTI 20636 OAK CREEK LN SARATOGA CA 95070
366-36-028 SRINIVASAN & LATHA SEKAR 22010 VILLA OAKS LN SARATOGA CA 95050
366-36-029 BHUVANESWARI KRISHNAMURTHY 20628 OAK CREEK LN SARATOGA CA 95070
366-36-030 KWANG LIN & SHU-IN LIN 12301 JULIE LN SARATOGA CA 95070
366-36-031 SRINIVASAN RADHIKA TR 12305 JULIE LN SARATOGA CA 95070
366-36-032 TING YUN YAO 12309 JULIE LN SARATOGA CA 95070
366-36-033 JOHN T & BARBARA K ROMANDIA 125 CARNEROS AVE AROMAS CA 95004
366-36-034 ANAND & ANAND SUKANYA RAJAGOPALA12319 JULIE LN SARATOGA CA 95070
366-56-001 ERIC & CECILIA KAN CHANG 18088 KING CT SARATOGA CA 95070
366-56-002 JINSUO & SUN WEIFANG ZHANG 18060 KING CT SARATOGA CA 95070
366-56-003 ZHONG QIANG & LIN YIXING HUA 18026 KING CT SARATOGA CA 95070
366-56-004 LAND GARY A AND MENDY YVONNE 18018 KING CT SARATOGA CA 95070
366-56-005 JULIE A KNAPP 18196 KENYON CT SARATOGA CA 95070
366-56-006 KATHY USHIBA 5968 DESERT WILLOW DR SAN JOSE CA 95123
40
366-56-007 MU-SIK RA 18228 KENYON CT SARATOGA CA 95070
366-56-008 CLIFFORD O & JENNY FU MARKS 18235 KENYON CT SARATOGA CA 95070
366-56-019 BIAO & XU YUE ZHANG 18239 KENYON CT SARATOGA CA 95070
366-56-020 NGONYAN NG 18258 ARROYO LN SARATOGA CA 95070
366-56-021 CHAO XIANG SHI 18136 ARROYO LN SARATOGA CA 95070
366-56-022 HIROYUKI & CHIHARU MATSUNAMI 18188 KENYON CT SARATOGA CA 95070
366-56-023 KEJIAN & JIN FUMIN SHI 18000 KING CT SARATOGA CA 95070
366-56-024 ELLIS KWOK-CHEUNG & LAM MEI-KUEN H 18118 ARROYO LN SARATOGA CA 95070
366-56-025 SIVAPRAKASAM & UMA SURESH 17998 ARROYO LN SARATOGA CA 95070
366-56-026 JONATHAN ENG 17990 ARROYO LN SARATOGA CA 95070
366-56-027 SARATOGA COURTYARDS LLC 1855 PARK AVE SAN JOSE CA 95126
366-56-028 SARATOGA COURTYARDS LLC 1855 PARK AVE SAN JOSE CA 95126
386-01-025 ABDULLAH D & HALA SAAH 5852 TEXAS CT SAN JOSE CA 95120
386-30-001 BEVERLY J & SUE E FITZPATRICK 20410 KIRKMONT DR SARATOGA CA 95070
386-30-002 ESTHER MEONAH & ALEXANDER CHIEN K20386 KIRKMONT DR SARATOGA CA 95070
386-30-003 CAROLYN H BAUTISTA 12190 KIRKDALE DR SARATOGA CA 95070
386-30-004 RICHARD J & BARBARA K BRENDLEN 12200 KIRKDALE DR SARATOGA CA 95070
386-30-005 ARIEL D SMART 12222 KIRKDALE DR SARATOGA CA 95070
386-30-006 CHAO & ZHANG DEBBIE YE 12236 KIRKDALE DR SARATOGA CA 95070
386-30-007 JOHN F & SUSANNE S MALLORY 12258 KIRKDALE DR SARATOGA CA 95070
386-30-008 WILLIAM R & BETTY J BENEVENTO 12270 KIRKDALE DR SARATOGA CA 95070
386-30-009 TIEN-WEI & WANG HSIU-CHIN JEN 20390 KNOLLWOOD DR SARATOGA CA 95070
386-30-010 ELAINE CHAN 20376 KNOLLWOOD DR SARATOGA CA 95070
386-30-011 CHARLES A HAMILTON 20364 KNOLLWOOD DR SARATOGA CA 95070
386-30-012 KENICHI & TOMOKO KATASHIBA 20342 KNOLLWOOD DR SARATOGA CA 95070
386-30-013 CHIN CHANG GENE WU 20320 KNOLLWOOD DR SARATOGA CA 95070
386-30-035 WEST VALLEY MUSLIM ASSN 12260 SARATOGA-SUNNYVALE RD SARATOGA CA 95070
386-30-036 TIMESPACE SQUARE LLC 11523 BIANCHINI LN CUPERTINO CA 95014
386-30-037 TIMESPACE SQUARE LLC 11523 BIANCHINI LN CUPERTINO CA 95014
386-30-038 TIMESPACE SQUARE LLC 11523 BIANCHINI LN CUPERTINO CA 95014
386-30-039 TIMESPACE SARATOGA DEVEL LLC 11523 BIANCHINI LN CUPERTINO CA 95014
386-33-051 REENA DESAI & VISHAL SHAH 20329 KNOLLWOOD DR SARATOGA CA 95070
386-33-052 ARNOLD V & MARY E BRUNI 236 LOMA ALTA AVE LOS GATOS CA 95030
386-33-053 CHOY HING LI 20363 KNOLLWOOD DR SARATOGA CA 95070
386-33-054 RU-YU & TIEN-LO C LIANG 20385 KNOLLWOOD DR SARATOGA CA 95070
386-33-055 BU-CHIN & RHODA Y WANG 12231 KIRKDALE DR SARATOGA CA 95070
386-33-056 RON P & LIZBETH CLARK 12219 KIRKDALE DR SARATOGA CA 95070
386-33-057 PAU LING & MIYABI CHEN 12947 ARROYO DE ARGUELLO SARATOGA CA 95070
386-33-058 YANG C & BAY L HUANG 20331 KIRKMONT DR SARATOGA CA 95070
386-33-059 GARY G & ANNETTE S ASLANIAN 20353 KIRKMONT DR SARATOGA CA 95070
386-33-060 DONALD & JEANNE WILSON 20365 KIRKMONT DR SARATOGA CA 95070
386-33-061 CHEN FAMILY TR 20377 KIRKMONT DR SARATOGA CA 95070
386-33-062 HSITUNG & ZHENG FEI HUANG 20389 KIRKMONT DR SARATOGA CA 95070
386-33-063 MAY-I LIN CHO 20401 KIRKMONT DR SARATOGA CA 95070
386-33-083 SARANG S & ANUPAMA S KIRPERAR 20319 KIRKMONT DR SARATOGA CA 95070
386-33-084 HOUCHANG & HONG JIE LU 20320 KIRKMONT DR SARATOGA CA 95070
386-33-085 CHIEN-SHENG & JING-SHIO C SU 20300 KIRKMONT DR SARATOGA CA 95070
386-52-021 YUE TIM L P AND JENNIFER C 20315 SEAGULL WAY SARATOGA CA 95070
386-52-022 ELLA M PERRY 20325 SEAGULL WAY SARATOGA CA 95070
386-52-023 ROBERT YU-FANG & DEBBIE J SHEN 20600 DEBBIE LN SARATOGA CA 95070
386-52-024 ALICE & GEORGE LIU 20353 SEAGULL WAY SARATOGA CA 95070
386-52-025 YOGENDRA & SAPANA CHORDIA 20367 SEAGULL WAY SARATOGA CA 95070
386-52-026 ARVIN & DALE I ENGELSON 20381 SEAGULL WAY SARATOGA CA 95070
386-52-027 HAOJIANG LI 20395 SEAGULL WAY SARATOGA CA 95070
386-52-028 WEIZHONG & DENG YIMEI WANG 20409 SEAGULL WAY SARATOGA CA 95070
386-52-029 SLOBODAN & MARGARET GALEB 20423 SEAGULL WAY SARATOGA CA 95070
386-52-030 SLOBODAN & MARGARET E GALEB 20437 SEAGULL WAY SARATOGA CA 95070
386-52-031 JEFFREY J WALKER 20451 SEAGULL WAY SARATOGA CA 95070
386-52-032 TINA K JONES 1155 S GRAND AVE #1702 LOS ANGELES CA 90015
386-52-033 TINA K JONES 1155 S GRAND AVE #1702 LOS ANGELES CA 90015
386-52-034 VICTOR A & ELIZABETH R WHITE 20393 ZORKA AVE SARATOGA CA 95070
386-52-035 YASMIN HUSSAIN 20338 SEAGULL WAY SARATOGA CA 95070
386-53-002 STEPHEN HSIN-YEH PENG 20436 SEAGULL WAY SARATOGA CA 95070
386-53-003 HUNG-CHIN GUTHRIE 20422 SEAGULL WAY SARATOGA CA 95070
386-53-004 NILDA F MENDELSON 20408 SEAGULL WAY SARATOGA CA 95070
386-53-005 KAREN J SAVALA 20394 SEAGULL WAY SARATOGA CA 95070
386-53-006 ERIC XIANQING YANG 20380 SEAGULL WAY SARATOGA CA 95070
386-53-031 CROSSING AZULE 12314 SARATOGA-SUNNYVALE RD SARATOGA CA 95070
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386-53-033 LYNDA WON CHUNG 18000 HARVEST LN SARATOGA CA 93901
386-53-034 CHAN TRUST 18006 HARVEST LN SARATOGA CA 95070
386-56-001 GIN JEN TENG JU 20430 ATRIUM DR SARATOGA CA 95070
386-56-002 EDITH A ARD 1009 BLOSSOM RIVER WAY #221 SAN JOSE CA 95123
386-56-003 YOSHINORI & HIROKO MURAKAMI 20410 ATRIUM DR SARATOGA CA 95070
386-56-004 NANDAKUMAR S & NANDAKUMAR LAV PA 12091 ATRIUM DR SARATOGA CA 95070
386-56-005 VIKRAM & TANU KOHLI 12093 ATRIUM DR SARATOGA CA 95070
386-56-006 NATARAJAN & SANDHYA VISWANATAN 12097 ATRIUM DR SARATOGA CA 95070
386-56-007 PUI YIU LING 12099 ATRIUM DR SARATOGA CA 95070
386-56-008 KIRAN B & HARPREET VITTAL 12133 ATRIUM DR SARATOGA CA 95070
386-56-009 PINGHUA & SHENG HUAXING YANG 12135 ATRIUM DR SARATOGA CA 95070
386-56-010 FENWICKE W HOLMES 12137 ATRIUM DR SARATOGA CA 95070
386-56-011 KUNGANG & HU BING ZHOU 12139 ATRIUM DR SARATOGA CA 95070
386-56-012 NARENDRA & ARCHANA KULKARNI 12141 ATRIUM DR SARATOGA CA 95070
386-56-013 JING LI 12143 ATRIUM DR SARATOGA CA 95070
386-56-014 ELLEN LEE-CHUAN YANG 12147 ATRIUM DR SARATOGA CA 95070
386-56-015 CHANGCHUAN A LEE 12149 ATRIUM DR SARATOGA CA 95070
386-56-016 DONG & ZHANG ZHUO WANG 12151 ATRIUM DR SARATOGA CA 95070
386-56-017 HERMAN V & AMY Y CHANG 12153 ATRIUM DR SARATOGA CA 95070
386-56-018 GALICKI TRUST 12157 ATRIUM DR SARATOGA CA 95070
386-56-019 LOUIS A RUNFOLA 12159 ATRIUM DR SARATOGA CA 95070
386-56-020 JINBO & JIAJING LI 12175 ATRIUM DR SARATOGA CA 95070
386-56-021 KENNETH M & ELIZABETH A SILVERMAN 12179 ATRIUM DR SARATOGA CA 95070
386-56-022 LOCHAN K & CHHAYA NARVEKAR 20415 KIRKMONT DR SARATOGA CA 95070
386-56-023 GNANALAKSHMI VANNINSEGARAM 20427 KIRKMONT DR SARATOGA CA 95070
386-56-024 WALTER N SZE 1813 PALISADES LAKE CT LAKE OSWEGO OR 97034
386-56-025 MARGARET M & DONALD D DRENTH PO BOX 20852 SAN JOSE CA 95160
386-56-026 LEON D & SHIRLEY KOWALESKI 12198 ATRIUM DR SARATOGA CA 95070
386-56-027 YOUNG BAI LEE 12196 ATRIUM DR SARATOGA CA 95070
386-56-028 MARY HWANG LAI 12192 ATRIUM DR SARATOGA CA 95070
386-56-029 MARLENE C SCHMID 12190 ATRIUM DR SARATOGA CA 95070
386-56-030 CYNTHIA Z UESATO 12172 ATRIUM DR SARATOGA CA 95070
386-56-031 MICHAEL C & SUSANA C ZIEGEL 20254 KIRKMONT DR SARATOGA CA 95070
386-56-032 INYEOL & HAEYOUNG LEE 12158 ATRIUM DR SARATOGA CA 95070
386-56-033 CHRIS NANCY CHING SUI & CHRISTIN KAO12156 ATRIUM DR SARATOGA CA 95070
386-56-034 GIUSEPPINA DIEHL 10150 TORRE AVE #346 CUPERTINO CA 95014
386-56-035 HAIMIN & HONG ZHANG 12150 ATRIUM DR SARATOGA CA 95070
386-56-036 CHARLES P & RUTH M EGGEN 12646 PLYMOUTH DR SARATOGA CA 95070
386-56-037 JOHN CHAO & SHARLENE LEE WEI 12136 ATRIUM DR SARATOGA CA 95070
386-56-038 JIANFEI & FU JING XU 12132 ATRIUM DR SARATOGA CA 95070
386-56-039 SHU-CHIUNG CHIN P O BOX 2425 SARATOGA CA 95070
386-56-040 DEBRA NISHIMURA 12116 ATRIUM DR SARATOGA CA 95070
386-56-041 JOHN W DAVIES PO BOX 2039 SARATOGA CA 95070
386-56-042 MARY TALLIS 12098 ATRIUM DR SARATOGA CA 95070
386-56-043 SHIRLEY D & ANDREW SIPOREN 18795 CABERNET DR SARATOGA CA 95070
386-56-044 HSUEH TZU CHIANG & RENN DIH CHU 12092 ATRIUM DR SARATOGA CA 95070
386-56-045 KATHARINE J JEN 12090 ATRIUM DR SARATOGA CA 95070
386-57-002 MARK G MC LAUGHLIN 315 ELEANOR DR WOODSIDE CA 94062
386-57-003 MAN & ZHANG DING WANG 12239 ATRIUM CIR SARATOGA CA 95070
386-57-004 IRENE FBO SUE & JULIAN FBO SUE & MIK PO BOX 810490 DALLAS TX 75381
386-57-005 KATHARINE H & THOMAS J WALKER 2010 W CLIFF DR SANTA CRUZ CA 95060
386-57-006 MAHENDRA & JAYMATI RANCHOD 2220 WAVERLY ST PALO ALTO CA 94301
386-57-007 DEEP TRUST 12263 ATRIUM SARATOGA CA 95070
386-57-008 RALPH R VANHINE 12269 ATRIUM CIR SARATOGA CA 95070
386-57-009 DEEPAK & SWATI HANGAL 12275 ATRIUM CIR SARATOGA CA 95070
386-57-010 KASTURI H & PRABHAMANI VENKATESH 12281 ATRIUM CIR SARATOGA CA 95070
386-57-011 UMA MANJUNATH 12287 ATRIUM SARATOGA CA 95070
386-57-012 SALVATORE R & ONORINA F FURIOSI 12792 MILLER AVE SARATOGA CA 95070
386-57-013 GAIL SHEIRBON 12299 ATRIUM CIR SARATOGA CA 95070
386-57-014 CHAMBERLAIN LIVING TRUST 3/8/89 12296 ATRIUM CIR SARATOGA CA 95070
386-57-015 SRIDHAR & VISHALI TIRUMALA 12290 ATRIUM CIR SARATOGA CA 95070
386-57-016 YEH TRUST 12284 ATRIUM SARATOGA CA 95070
386-57-017 HEINDEL TRUST 12278 ATRIUM SARATOGA CA 95070
386-57-018 DONGJAE & KUN SUN LEE 12230 ATRIUM CIR SARATOGA CA 95070
386-57-019 URSULA M ANDERSON 12224 ATRIUM CIR SARATOGA CA 95070
386-57-020 SUE REIGELMAN-DOI 1071 WHITEBICK DR SAN JOSE CA 95129
386-57-021 JOHN H HEINDEL PO BOX 3452 SARATOGA CA 95070
386-57-022 TATSUKO ADACHI 20431 CUNNINGHAM PL SARATOGA CA 95070
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386-60-001 HWAI PING & HWI-MIN LO HSU 12077 NATOMA CT SARATOGA CA 95070
386-60-002 JOHN E & CHERYL L KEENAN 12280 SARATOGA-SUNNYVALE RD #201 SARATOGA CA 95070
386-60-003 GLASS JAMES F TR/TR 12280 SARATOGA-SUNNYVALE RD 103 SARATOGA CA 95070
386-60-004 JOHN E & CHERYL L KEENAN 12280 SARATOGA-SUNNYVALE RD #201 SARATOGA CA 95070
386-60-005 SARVAJIT & NEELAM THAKUR 12280 SARATOGA-SVALE #105 SARATOGA CA 95070
386-60-006 SHIGERU SASAKI 12280 SARATOGA-SUNNYVALE RD #205 SARATOGA CA 95070
386-60-007 SARVAJIT & NEELAM THAKUR 12280 SARATOGA-SVALE #105 SARATOGA CA 95070
386-60-008 ANDY LIU 2023 HAYWORTH DR SAN JOSE CA 95148
386-60-009 SANJAY & SHILPI MINOCHA 1027 CALAVERAS RIDGE DR MILPITAS CA 95035
386-60-010 CHEN H M 12280 SARATOGA-SUNNYVALE RD #209 SARATOGA CA 95070
386-60-011 SANJAY & SHILPI MINOCHA 1027 CALAVERAS RIDGE DR MILPITAS CA 95035
386-60-012 DONALD P & SUSAN N DUVALL 18570 BLYTHSWOOD AVE LOS GATOS CA 95030
386-60-013 DUANE & SUZIE FONG 12280 SARATOGA-SVALE STE-115 SARATOGA CA 95070
386-60-014 PEIPEI CHANG 12280 SARATOGA-SUNNY RD SARATOGA CA 95070
386-60-015 DUANE & SUZIE FONG 12280 SARATOGA-SVALE STE-115 SARATOGA CA 95070
386-60-016 NMSBPCSLDHB P O BOX 2460 SARATOGA CA 95070
386-60-017 CHUNHUA & WU JIE HAN 10265 STERN AVE CUPERTINO CA 95014
386-60-018 CALI REAL ESTATE PARTNERSHIP PO BOX 1389 CUPERTINO CA 95015
386-60-019 CHUNHUA & WU JIE HAN 10265 STERN AVE CUPERTINO CA 95014
386-60-020 CALI REAL ESTATE PARTNERSHIP PO BOX 1389 CUPERTINO CA 95015
386-60-021 GIRARD F & MARY A CARACCIOLO 12280 SARTOGA SUNYVLE #112 SARATOGA CA 95070
386-60-022 ROY S & CATHLEEN MOLLARD PO BOX 1235 SARATOGA CA 95071
386-60-023 GIRARD F & MARY A CARACCIOLO 12280 SARTOGA SUNYVLE #112 RD SARATOGA CA 95070
386-60-024 ROY S & JANICE T WOLF 1360 -E ROADRUNNER TR SUNNYVALE CA 94087
386-60-025 ROY S & CATHLEEN T MOLLARD PO BOX 1235 SARATOGA CA 95071
386-60-026 GRANUM LIMITED P.O. BOX 2460 SARATOGA CA 95070
386-60-027 YUPEN YUAN 12280 SARATOGA-SUNNYVALE RD 106 SARATOGA CA 95070
386-60-028 KOSICH CONSTRUCTION CO 18867 KOSICH DR SARATOGA CA 95070
386-60-029 EMSPEC LLC 12280 SARATOGA-SUNNYVALE RD STE 106 SARATOGA CA 95070
386-60-030 KOSICH CONSTRUCTION CO 18867 KOSICH DR SARATOGA CA 95070
386-60-031 NMSBPCSLDHB CA LP PO BOX 2460 SARATOGA CA 95070
386-60-032 GRANUM LIMITED PO BOX 2460 SARATOGA CA 95070
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LEGENDABBREVIATION12250 SARATOGA SUNNYVALE ROADSARATOGA, CALIFORNIAAPN: 386-30-036, 386-30-037 & 386-30-038BENCHMARKWRRW ENGINEERING, INC.46
LEGEND
ABBREVIATION
12250 SARATOGA SUNNYVALE ROAD
SARATOGA, CALIFORNIA
TENTATIVE MAP
FOR 13-LOT RESIDENTIAL & COMMERCIAL SUBDIVISION
IN THE CITY OF SARATOGA, SANTA CLARA COUNTY
CALIFORNIA
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GENERAL NOTES:SITE PLANAS NOTED
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DESCRIPTION
SHEET INDEX
NO.
BENCHMARK:
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07
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C C
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TYPICAL PRIVATE STREET SECTION
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PRELIMINARYGRADING &DRAINAGE PLANAS NOTED
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EARTHWORK TABLE
CUT (CY)FILL (CY)IMPORT
(CY)LOCATION
ROLLED CURB & GUTTER
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x
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³STORMWATERCONTROL PLANAS NOTED
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TABLE 2: IMPERVIOUS AREA AND TREATMENT DEVICE
TYPICAL BIO-RETENTION BASIN
#
$4
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REPORT TO THE
PLANNING COMMISSION
Meeting Date: December 11, 2013
Application: PDR13-0024 / CUP13-0006 / VAR13-0005
Design Review / Conditional Use Permit / Variance
Location / APN: 12540 Saratoga Ave. / 386-11-005
Owner / Applicant: Victor Kasik
Staff Planner: Michael Fossati
12540 Saratoga Avenue
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SUMMARY
ZONING GENERAL PLAN DESIGNATION
Single-Family Res. (R1-10,000) Medium Density Res. (M-10)
PARCEL SIZE AVERAGE SLOPE
10,000 sq. ft. (net lot size) ±2%
GRADING REQUIRED
Approximately 7 – 10 c. y. for the garage foundation
PROJECT DESCRIPTION:
The applicant has applied for design review and conditional use permit approval for the
construction of a new 400 sq. ft. detached garage within the rear setback. The applicant has
also applied for variance approval to allow a 10 foot wide driveway.
STAFF RECOMMENDATION:
Approve Resolution No. 13-041 approving the project subject to conditions of approval.
PROJECT DATA
Net Lot Size: 10,000 sq. ft.
Proposed Allowed
Floor Area
Main Residence:
Existing Shed:
New Garage:
Total
1,464 sq. ft.
125 sq. ft.
400 sq. ft.
1,989 sq. ft.
3,200 sq. ft.
Site Coverage
Existing Building Footprint
Existing Concrete / Shed
New Garage and Driveway
Total
1,464 sq. ft.
645 sq. ft.
1,980 sq. ft.
4,089 sq. ft. (42%)
6,000 sq. ft. (60%)
Setbacks
Front:
Side (Left):
Side (Right):
Rear
25’
8’
52’
12’
25’
8’
8’
12’*
* The rear setback requirement in R-1-10,000 zoning district is 25 feet, but detached accessory structures
are allowed to be as close as six feet with conditional use permit approval.
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Height
Lowest Elevation Point:
Highest Elevation Point:
Average Elevation Point:
Proposed Topmost Point:
101.5’
102’
101.7’
111.7’ (10’)
Maximum Building
Height is 111.7’
(10 ft), with Conditional
Use Permit approval
PROJECT APPROVALS
This project includes applications for the following:
Design Review
Pursuant to City Code Section 15-45.065(a)(1), any new accessory structure greater than
two hundred fifty square feet in floor area requires design review. The applicant has
proposed a new 400 sq. ft. detached garage.
Conditional Use Permit
Pursuant to City Code Section 15-80.030(d)(1), a use permit is required to construct an
detached accessory structure within a rear setback. The applicant has proposed to locate
the detached garage within the rear setback.
Variance
Pursuant to City Code Section 15-70.020, the Planning Commission is the approving
authority to grant variances from the regulations prescribed in this City Code. The
applicant has proposed a 10 foot driveway when a 12 foot driveway is required per code.
A variance is requested because the site had only has a 10 foot setback between the
eastern property line and the main residence and the only area to locate a detached garage
(where the driveway will end) is on the southeastern portion of the site.
SITE AND PROJECT CHARACTERISTICS
Site Description
The project site is within a residential tract located on Saratoga Avenue and is surrounded
by single-family residences. It does appear that the existing residence once included an
attached one-car garage and that this garage area has been converted to living space.
There is evidence that garage conversions on other properties are common along this
portion of Saratoga Avenue.
Building Design
To increase the consistency of appearance between the proposed detached garage and the
main residence, the applicant has proposed an off-white stucco exterior and asphalt shingle
roof that are similar to the existing residence. A patio and a redwood trellis would be
constructed on the western side of the garage. The table below lists the colors and materials
of the project.
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Detail Colors and Materials
Building Ext. Gray ‘Sand Finish’ Stucco
Roofing “Weatherwood” Brown Asphalt Shingle
Building Height & Setbacks
A conditional use permit can allow detached garages located in rear setbacks to have a
building height of 10 feet if the structure is at least 12 feet away from the side and rear
property line. The applicant has proposed the detached garage to be at least 12 feet away,
which is similar to other properties in the vicinity.
Variance for Driveway
Per City Code Section 15-35.040 (d), “the width of a driveway within a single-family
residential district shall be a minimum of twelve feet or greater, as required by the Fire
District having jurisdiction”.
The existing residence has a 10 foot side setback along the eastern property line. The
proposed detached garage would be located behind the residence in the southeastern
corner of the site. Due to the existing side setback of the residence it would be difficult
to provide the required 12’ wide driveway to provide access to the garage.
The applicant has proposed a driveway width of 10 feet along the eastern property line
because of the difficulty of providing a 12 foot wide driveway. Santa Clara County Fire
Department (SCCFD) has determined the proposed driveway width is acceptable, since a
fire truck would not have to utilize the driveway to extinguish any fires located at the rear of
the site. Furthermore, this particular property has a fire hydrant located directly north of the
site, giving SCCFD greater access to facilities needed to properly handle fire emergencies.
Lastly, the proposed garage is required to have fire sprinklers within the structure.
ADDITIONAL INFORMATION
Neighbor Correspondence
The applicant submitted three neighbor notification forms from neighboring property
owners. Staff also sent a “Notice of Public Hearing” to all property owners within 500 feet
of the subject property. The public hearing notice and description of the project was
published in the Saratoga News. Staff has not received any comments on the project.
DESIGN REVIEW FINDINGS
The findings required for issuance of a Design Review Approval pursuant to City Code
Section 15-45.080 are set forth below and the applicant has met the burden of proof to
support making all of those required findings:
(a) The project avoids unreasonable interference with views and privacy. The project
meets this finding because the garage would be single-story, have a low-profile, and
be located in an area on Saratoga Avenue where other homes have similar detached
garages in their rear yards. The project would conform to the required side and rear
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setbacks to reduce interfering with the views or privacy of adjacent properties. This
finding can be made in the affirmative.
(b) The project preserves the natural landscape. This project meets this finding
because the garage is being proposed within an open area where mature landscaping
(which includes an existing magnolia and coast live oak) would be unaffected. This
finding can be made in the affirmative.
(c) The project preserves native and heritage trees. The project meets this finding in
because there are no trees proposed to be removed. This finding can be made in the
affirmative.
(d) The project minimizes the perception of excessive bulk. The project meets this
finding because the detached garage would have a low profile design and would
adhere to the general appearance, color pallet and materials used for the main
residence. This finding can be made in the affirmative.
(e) The project is of compatible bulk and height. The project meets this finding
because the detached garage is compatible in bulk and height with other accessory
structures in the neighborhood and is lower in height than most nearby residences.
The existing residence would partially screen the appearance of the detached garage
as viewed from Saratoga Avenue. This finding can be made in the affirmative.
(f) The project uses current grading and erosion control methods. The project meets
this finding because, as conditioned, the applicant will be required to follow a storm
water retention plan indicating how all stormwater will be retained on-site, and
incorporating the New Development and Construction – Best Management
Practices. This finding can be made in the affirmative.
(g) The project follows appropriate design policies and techniques. The project meets
this finding and incorporates the following design techniques:
a. Minimizes areas of maximum height. (Policy 1, Technique #4)
b. Designed not to attract attention or stand out. (Policy 1, Technique #5)
c. Utilizes a limited number of materials and colors on a single elevation.
(Policy 2, Technique #1)
d. Located the structure in an area that will allow the preservation of existing
vegetation (Policy 2, Technique #3)
As discussed above, the finding can be made in the affirmative.
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CONDITIONAL USE PERMIT FINDINGS
The findings required for issuance of a Conditional Use Permit Approval pursuant to City
Code Section 15-55.070 are set forth below and the Applicant has met the burden of proof to
support making all of those required findings:
(a) That the proposed location of the conditional use is in accord with the objectives
of the Zoning Ordinance and the purposes of the district in which the site is
located. This finding can be met because a detached garage is typically a principally
permitted use within a residential zoning district. A Conditional Use Permit allows a
property owner to locate an accessory structure within a rear setback area. Staff
believes the height and placement of the use will still ensure adequate light, air,
privacy and open space for the main residence and adjacent properties near the
project site. This finding can be made in the affirmative.
(b) That the proposed location of the conditional use and the conditions under which
it would be operated or maintained will not be detrimental to the public health,
safety or welfare, or materially injurious to properties or improvements in the
vicinity. This finding can be met because appropriate conditions have been placed
on the use permit to ensure compliance with all applicable health and safety
codes.
(c) That the proposed conditional use will comply with each of the applicable
provisions of this Chapter. The proposed use will comply with each of the
applicable provisions of the Saratoga Municipal Code as staff reviewed the
project, conditioned it accordingly, and has recommended approval. This finding
can be made in the affirmative.
(d) That the proposed conditional use will not adversely affect existing or anticipated
uses in the immediate neighborhood, and will not adversely affect surrounding
properties or the occupants thereof. This finding can be made in the affirmative
because the detached garage would be placed in a similar location as detached
garages on other nearby properties, the placement of the garage would conform to
the minimum setbacks for enclosed accessory structures, and the height of the
garage would not exceed the 10 foot height limit.
VARIANCE FINDINGS
The findings required for issuance of a Variance Approval pursuant to City Code Section
15-70.060 are set forth below and the Applicant has met the burden of proof to support
making all of those required findings:
(a) That because of special circumstances applicable to the property, including size,
shape, topography, location or surroundings, strict enforcement of the specified
regulation would deprive the applicant of privileges enjoyed by the owners of other
properties in the vicinity and classified in the same zoning district. This finding
can be met because the 10 foot side yard setback of the existing residence would not
allow the provision of a 12’ wide driveway width for emergency vehicles, such as
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fire engines. The location of the detached structure on the site would permit
emergency personal to gain access to it without the necessity of driving on the
property. Furthermore, there are numerous surrounding residences within the
immediate area that have ten foot driveway widths. This finding can be made in the
affirmative.
(b) That the granting of the variance will not constitute a grant of special privilege
inconsistent with the limitations on other properties in the vicinity and classified in
the same zoning district. This finding can be met because other residential
properties along Saratoga Avenue have similar driveway dimensions which include
12564, 12552, and 12528 Saratoga Avenue. By granting the proposed variance, the
action will not constitute the granting of a special privilege inconsistent with
neighboring properties. This finding can be made in the affirmative.
(c) That the granting of the variance will not be detrimental to the public health,
safety or welfare, or materially injurious to properties or improvements in the
vicinity. This finding can be made because typically, a 12’ driveway width is
required for Fire Department access. The Fire Department has reviewed and
commented on the project and determined that the proposed 10’ driveway width will
not be a factor in fire protection. Emergency vehicles would not be required to use
the driveway if a fire or other emergency were to occur since emergency personnel
can access the site from Saratoga Avenue. Therefore, granting the variance will not
be detrimental to the health, welfare and safety of properties in the vicinity. This
finding can be made in the affirmative.
(d) If the variance is for any regulation pertaining to signs, the Planning Commission
shall also find that the granting of the variance will not introduce a visual element
which is inconsistent with the appearance of the immediately surrounding area.
This finding is not applicable to the project, therefore no finding is required.
(e) If the variance is for any regulation pertaining to off-street parking or loading
facilities, the Planning Commission shall make the following additional findings:
(1) That strict enforcement of the specified regulation is not required by either
present or anticipated future traffic volume or traffic circulation on the site.(2)
That the granting of the variance will not result in the parking or loading of
vehicles on public streets in such a manner as to interfere with the free flow of
traffic on the streets. This finding is not applicable to the project, therefore no
finding is required.
ENVIRONMENTAL DETERMINATION: The project is Categorically Exempt from the
Environmental Quality Act (CEQA) pursuant Section 15303, “New Construction or
Conversion of Small Structures”, Class 3 (a) of the Public Resources Code (CEQA). This
exemption allows for the construction or conversion of up to three single-family residences.
7
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ATTACHMENTS:
1. Resolution of Approval – 12540 Saratoga Avenue
2. Arborist Report – 12540 Saratoga Avenue
3. Photos of Site
4. Neighbor Notifications
5. Public hearing notice, mailing addresses, and map for project notification
6. Reduced Plans, Exhibit "A.”
65
RESOLUTION NO. 13-041
A RESOLUTION OF THE CITY OF SARATOGA PLANNING COMMISSION
APPROVING APPLICATION NO. PDR13-0024, CUP13-0006, AND VAR13-0005
FOR A NEW DETACHED GARAGE AND 10 FOOT WIDE DRIVEWAY
LOCATED AT 12540 SARATOGA AVE. / 386-11-005
WHEREAS, on October 29, 2013 an application was submitted by Victor Kasik
requesting Design Review, Conditional Use Permit, and Variance approval for a new detached
garage in the rear yard with a 10 foot wide driveway. The height of the proposed garage would
be no taller than ten feet, as measured from average grade. The property is located within the
R-1-10,000 Zoning District.
WHEREAS, on December 11, 2013, the Planning Commission held a duly noticed
public hearing on the subject application, and considered evidence presented by City staff, the
applicant, and other interested parties.
NOW THEREFORE, the Planning Commission of the City of Saratoga hereby finds,
determines and resolves as follows:
Section 1: The recitals set forth above are true and correct and incorporated herein by
reference.
Section 2: The project is categorically exempt from the California Environmental Quality
Act (CEQA) pursuant to 14 C.C.R. Section 15303, Class 3 “New Construction or Conversion of
Small Structures”, of the Public Resources Code (CEQA). This exemption allows for the
construction of up to three single-family residences and no exception to that exemption applies.
Section 3: The project is consistent with the Saratoga General Plan Policies LU 1.1 in
that the City shall continue to be predominately a community of single-family residences and LU
1.2 to continue to review all residential development proposals to ensure consistency with Land
Use Element goals and Policies.
Section 4: The project is consistent with the Saratoga City Code in that the design and
improvements are consistent with the design review findings and the project avoids unreasonable
interference with views and privacy; preserves the natural landscape, native and heritage trees;
minimizes the perception of excessive bulk and is of compatible bulk and height; uses current
grading and erosion control methods; and follows appropriate design policies and techniques.
Section 5: The project meets the burden of proof required to support the conditional use
permit in that the proposed location of the detached accessory structures is in accord with the
objectives of the Zoning Ordinance and the purposes of the district in which the site is located;
that the conditions under which it would be operated or maintained will not be detrimental to the
public health, safety or welfare, or materially injurious to properties or improvements in the
vicinity; the proposed conditional use will comply with each of the applicable provisions of this
Chapter; and the proposed conditional use will not adversely affect existing or anticipated uses in
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Resolution No. 13-041 Page 2
the immediate neighborhood, and will not adversely affect surrounding properties or the
occupants thereof.
Section 6: The project is consistent with the Saratoga City Code in that because of
special circumstances applicable to the property, including size, shape, topography, location or
surroundings, strict enforcement of the specified regulations would deprive the applicant of
privileges enjoyed by the owners of other properties in the vicinity and classified in the same
zoning district; the granting of the variance will not constitute a grant of special privilege
inconsistent with the limitations on other properties in the vicinity and classified in the same
zoning district; and that the granting of the variance would not be detrimental to public health,
safety or welfare or materially injurious to properties or improvements in the vicinity
Section 7: The City of Saratoga Planning Commission hereby approves PDR13-0024,
CUP13-0006, and VAR13-0005 located at 12540 Saratoga Avenue, subject to the above
Findings, and Conditions of Approval attached hereto as Exhibit 1.
PASSED AND ADOPTED by the City of Saratoga Planning Commission this 11th day of
December 2013 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________________
Joyce Hlava
Chair, Planning Commission
67
Resolution No. 13-041 Page 3
EXHIBIT 1
CONDITIONS OF APPROVAL
PDR13-0024 / CUP13-0006 / VAR13-0005
12540 SARATOGA AVE. / 386-11-005
1. All conditions below which are identified as permanent or for which an alternative period of
time for applicability is specified shall run with the land and apply to the landowner’s
successors in interest for such time period. No zoning clearance, or demolition, grading for
this project shall be issued until proof is filed with the city that a certificate of approval
documenting all applicable permanent or other term-specified conditions has been recorded
by the applicant with the Santa Clara County Recorder’s office in form and content to the
Community Development Director. If a condition is not “Permanent” or does not have a
term specified, it shall remain in effect until the issuance by the City of Saratoga of a
Certificate of Occupancy or its equivalent.
2. The Owner and Applicant will be mailed a statement after the time the Resolution granting
this approval is duly executed, containing a statement of all amounts due to the City in
connection with this application, including all consultant fees (collectively “processing
fees”). This approval or permit shall expire sixty (60) days after the date said notice is
mailed if all processing fees contained in the notice have not been paid in full. No Zoning
Clearance or Demolition, Grading, or Building Permit may be issued until the City certifies
that all processing fees have been paid in full (and, for deposit accounts, a surplus balance of
$500 is maintained).
3. The Project shall maintain compliance with all applicable regulations of the State, County,
City and/or other governmental agencies having jurisdiction including, without limitation, the
requirements of the Saratoga City Code incorporated herein by this reference.
4. As a condition of this Approval, Owner and Applicant hereby agree to defend, indemnify and
hold the City and its officers, officials, boards, commissions, employees, agents and
volunteers harmless from and against:
a. any and all claims, actions or proceedings to attack, set aside, void or annul any
action on the subject application, or any of the proceedings, acts or determinations
taken, done or made prior to said action; and
b. any and all claims, demands, actions, expenses or liabilities arising from or in any
manner relating to the performance of such construction, installation, alteration or
grading work by the Owner and/or Applicant, their successors, or by any person
acting on their behalf.
In addition, prior to any Zoning Clearance, Owner and Applicant shall execute a separate
agreement containing the details of this required Agreement to Indemnify, Hold harmless and
Defend, which shall be subject to prior approval as to form and content by the City Attorney.
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Resolution No. 13-041 Page 4
5. Compliance with Plans. The development shall be located and constructed to include those
features, and only those features, as shown on the Approved Plans denominated Exhibit "A"
and as conditioned below. All proposed changes to the Approved Plans must be submitted in
writing with plans showing the changes, including a clouded set of plans highlighting the
changes. Such changes shall be subject to approval in accordance with City Code.
6. Fencing. All fencing shall be in compliance with City Code Article 15-29.
7. Building Division Submittal. Four (4) sets of complete construction plans shall be
submitted to the Building Division. These plans shall be subject to review and approval by
the City prior to issuance of Zoning Clearance. The construction plans shall, at a minimum
include the following:
a. Architectural drawings and other plan sheets consistent with those identified as Exhibit
“A” on file with the Community Development Department.
b. All additional drawings, plans, maps, reports, notes, and/or materials required by the
Building Division.
c. This signed and dated Resolution printed onto separate construction plan pages.
d. The Arborist Report printed onto separate construction plan pages.
e. The site plan shall contain the following notes:
i. “Disposition and treatment of stormwater will comply with the National Pollution
Discharge Elimination System ("NPDES") Standards and implementation standards
established by the Santa Clara Valley Urban Runoff Pollution Prevention Program”
8. Lighting. Exterior lighting shall be shielded so as not to shine on adjacent properties or
public right-of-way.
9. Maintenance of Construction Project Sites. Because this Design Review Approval
authorizes a project which requires a Building Permit, compliance with City Code Section
16-75.050 governing maintenance of construction project sites is required.
10. Final Landscaping and Irrigation Plan. The final landscaping and irrigation plan shall
take into account the following:
a. To the extent feasible, landscaping shall be designed and operated to treat storm water
runoff by incorporating elements that collect, detain and infiltrate runoff. In areas that
provide detention of water, plants that are tolerant of saturated soil conditions and
prolong exposure to water shall be specified.
b. To the extent feasible, pest resistant landscaping plants shall be used throughout the
landscaped area, especially along any hardscape area.
c. Plant materials selected shall be appropriate to site specific characteristics such as soil
type, topography, climate, amount and timing of sunlight, prevailing winds, rainfall,
air movement, patterns of land use, ecological consistency and plant interactions to
ensure successful establishment.
d. Pest resistant landscaping plants shall be considered for use throughout the
landscaped area, especially along any hardscape area.
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Resolution No. 13-041 Page 5
e. Any proposed or required under grounding of utilities shall take into account potential
damage to roots of protected trees
11. Fire Department Requirements. Owner/applicant shall comply with all Fire Department
requirements.
12. Noise and Construction Hours. In order to comply with standards that minimize impacts to
the neighborhood during site preparation and construction, the applicant shall comply with
City Code Sections 7-30.060 and 16-75.050, with respect to noise, construction hours,
maintenance of the construction site and other requirements stated in these sections.
CITY ARBORIST
13. Arborist Report. All recommendations of the Arborist Report dated November 15, 2013,
and incorporated herein by this reference shall be followed and incorporated (in its entirety)
into the plans.
PUBLIC WORKS
14. Encroachment Permit. Owner/applicant shall obtain an encroachment permit for any and all
improvements in any City right-of-way or City easement prior to commencement of the work
to implement this Design Review.
End of Conditions
70
Community Development Department
City of Saratoga
13777 Fruitvale Avenue
Saratoga, California 95070
ARBORIST REPORT
It is the responsibility of the owner, architect and contractor to be familiar with the
information in this report and implement the conditions of approval.
Application #: ARB13-0070
Prepared by Kate Bear, City Arborist Site: 12540 Saratoga Avenue
Phone: (408) 868-1276 Owner: Victor Kasik
Email: kbear@saratoga.ca.us APN: 386-11-005
Email: victorkasik@yahoo.com
Report History:
#1
Date:
Plans received November 4, 2013
Report completed November 15, 2013
PROJECT SCOPE
The applicant has submitted plans to the City to build a new detached two car garage in back of the
house.
CLEARANCE – with conditions
This project has clearance to proceed, with the conditions noted below in the Conditions of Approval
Section.
PLAN REVIEW
Plans Reviewed:
Architectural plans were prepared by Atelier Designs and dated July 1, 2013. Plan sheets reviewed
for this report include Sheet A-1, Cover Sheet and Site Plan; and Sheet A-2, Elevations and Sections.
A Boundary and Topographic Survey was provided for review. It was prepared by SMP Engineers
and dated September 3, 2013.
TREE INFORMATION
An arborist report was provided by Deborah Ellis, Registered Consulting Arborist #305 and Board
Certified Master Arborist WE-457B, and dated November 12, 2013. Deborah Ellis will be the
designated project Arborist for this project.
The submitted arborist report included information on a magnolia and a coast live oak, two trees
protected by City Code and potentially impacted by the work. It provided appraised values for the
two trees and recommendations to protect them during construction.
Tree Removals:
No trees are requested or approved for removal to construct the garage.
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12540 Saratoga Avenue
Tree Protection:
Chain link fencing is required around individual trees or groups of trees for protection during
construction, and work is not permitted within these fenced areas. Fences are to be posted with signs
indicating that they are for the protection of trees and may not be taken down or moved without prior
approval from the City Arborist. See the submitted Arborist report and the Conditions of Approval
for details. Areas that require fencing are shown on a map in the Ellis arborist report. No equipment
is permitted on site until after the City Arborist inspects and approves tree protection fencing.
Security Deposit for the Projection of Trees:
Per City Ordinance 15-50.080, a Tree Protection security deposit is required. Owner shall obtain,
and file with the Community Development Director, the required security deposit prior to the receipt
of building permits. The security deposit may be in the form of a savings account, a certificate of
deposit account or a bond. The required security deposit for this project will be $9,000 for the
protection of the magnolia and oak. This deposit will be held until completion of the project and
acceptance by the City.
Appraised Values:
Appraised values were calculated using the Trunk Formula Method and according to the Guide for
Plant Appraisal, 9th Edition, published by the International Society of Arboriculture (ISA), 2000.
This was used in conjunction with the Species Classification and Group Assignment, published by
the Western Chapter of the ISA, 2004.
FINDINGS
Tree Removals:
No trees protected by City Code are requested or approved for removal to construct the project.
New Construction
This project complies with the requirement that new construction be set far enough from existing
trees protected by City Code to adequately protect them (Section 15-50.120 of the City Code).
CONDITIONS OF APPROVAL
1. The submitted arborist report from Deborah Ellis dated November 12, 2013 shall be copied
onto a plan sheet, titled “Tree Preservation”, and included in the final set of job copy plans.
2. This report shall be incorporated into the “Tree Preservation” plans.
3. Tree Protection Security Deposit – $9,000
a. Owner shall obtain, and file with the Community Development Director, a Tree
Protection security deposit for the magnolia and oak, which are potentially impacted by
the project.
b. The deposit shall be put in place prior to obtaining Building Division permits.
c. The deposit shall remain in place for the duration of construction of the project to ensure
the protection of the trees.
d. Once the project has been completed, inspected and approved by the City, the bond will
be released.
4. Tree Protection Fencing:
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12540 Saratoga Avenue
a. Shall be installed as shown on the attached map.
b. Shall be established prior to the arrival of construction equipment or materials on site.
c. Shall be comprised of six-foot high chain link fencing mounted on eight-foot tall, 2-inch
diameter galvanized posts, driven 24 inches into the ground and spaced no more than 10
feet apart.
d. Shall be posted with signs saying “TREE PROTECTION FENCE - DO NOT REMOVE
WITHOUT APPROVAL FROM CITY ARBORIST”.
e. Call City Arborist, Kate Bear at (408) 868-1276 for an inspection of tree protection
fencing once it has been installed. This is required prior to obtaining building division
permits.
f. Tree protection fencing shall remain undisturbed throughout the construction until final
inspection. If contractor feels that work must be done inside the fenced area, call City
Arborist to arrange a field meeting.
5. Inventoried trees shall be identified on the site plan.
6. The designated Project Arborist is Deborah Ellis, of Deborah Ellis Consulting and
Horticulture.
7. All recommendations of the Project Arborist shall be implemented. After completing these
recommendations, a letter shall be provided to the City, verifying that the recommendations
have been carried out and including photos documenting the work.
8. The Project Arborist shall visit the site at least once per month during construction of the
garage, and more often if necessary.
9. Receipt of a Planning or Building permit does not relieve applicant of his responsibilities for
protecting trees per City Code Article 15-50 on all construction work.
10. No protected tree authorized for encroachment pursuant to this project may be encroached
upon until the issuance of the applicable permit from the building division for the approved
project.
11. All construction activities shall be conducted outside tree protection fencing. These activities
include, but are not necessarily limited to, the following: demolition, grading, trenching,
equipment cleaning, stockpiling and dumping materials (including soil fill), and
equipment/vehicle operation and parking.
12. Roots of protected trees measuring two inches in diameter or more shall not be cut without
prior approval of the Project Arborist. Roots measuring less than two inches in diameter may
be cut using a sharp pruning tool.
13. Should any tree be damaged beyond repair, new trees shall be required to replace the tree. If
there is insufficient room to plant new trees, some or all of the replacement value for trees
may be paid into the City’s Tree Fund. Replacement values are listed at the bottom of the
Tree Inventory Table.
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12540 Saratoga Avenue
14. Replacement values for new trees are listed below. These values apply to all species.
a. 15 gallon - $150 c. 36 inch box - $1,500 e. 60 inch box - $7,000
b. 24 inch box - $500 d. 48 inch box - $5,000 f. 72 inch box - $15,000
15. Any permitted pruning or root pruning of trees on site shall be performed under the
supervision of an ISA-certified arborist and according to ISA standards.
16. The disposal of harmful products (such as chemicals, oil and gasoline) is prohibited under
tree canopies or anywhere on site that allows drainage to areas under tree canopies.
Herbicides shall not be applied under tree canopies.
17. At the end of the project, when the contractor wants to remove tree protection fencing and
have the tree protection security deposit released by the City, call City Arborist for a final
inspection.
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12540 Saratoga Avenue
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CITY OF SARATOGA
Community Development Department
13777 Fruitvale Avenue
Saratoga, CA 95070
(408) 868-1222
NOTICE OF PUBLIC HEARING
The City of Saratoga’s Planning Commission announces the following public hearing on:
Wednesday, the 11th day of December, 2013, at 7:00 p.m.
The public hearing will be held in the City Hall Theater located at 13777 Fruitvale Avenue. The
public hearing agenda item is stated below. Details of this item are available at the Saratoga
Community Development Department, Monday through Friday 7:30 a.m. – 5:00 p.m. Please
consult the City website at www.saratoga.ca.us regarding Friday office closures.
APPLICATION/ADDRESS: PDR13-0024, CUP13-0006 & VAR13-0005 / 12540 Saratoga
Ave.
APPLICANT/OWNER: Kasik
APN: 386-11-005
DESCRIPTION: The applicant is requesting Design Review, Conditional Use Permit and
Variance approval for the construction of a new 400 square foot detached garage within a rear
setback. Variance approval is required because the applicant is proposing a 10 foot wide
driveway when the City code requires a driveway width of 12 feet. The project is conformance
with City standards for height, setbacks, floor area and site coverage.
All interested persons may appear and be heard at the above time and place. If you challenge a
decision of the Planning Commission pursuant to a Public Hearing in court, you may be limited to
raising only those issues you or someone else raised at the Public Hearing. In order for information
to be included in the Planning Commission’s information packets, written communications should
be filed on or before Tuesday, December 3, 2013
This notice has been sent to all owners of property within 500 feet of the project that is the subject
of this notice. The City uses the official roll produced by the County Assessor’s office annually, in
preparing its notice mailing lists. In some cases, out-of-date information or difficulties with the U.S.
Postal Service may result in notices not being delivered to all residents potentially affected by a
project. If you believe that your neighbors would be interested in the project described in this
notice, we encourage you to provide them with a copy of this notice. This will ensure that everyone
in your Community has as much information as possible concerning this project.
Michael Fossati
Planner
(408) 868-1212
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Parcel Number Owner Name Owner Address Owner City, State Zip
#5827 500' OWNERSHIP LISTING PREPARED FOR:PDR13‐0024
386-11-005 BIG SUR INC 12540 Saratoga Ave Saratoga CA 95070
386-11-001 ROLANDO Q SEGURA 12588 SARATOGA AVE SARATOGA CA 95070
386-11-002 EDWARD D HUNTER 12576 SARATOGA AVE SARATOGA CA 95070
386-11-003 BADRI V MOTALLEBI 271 SAINT CHRISTOPHER DR DANVILLE CA 94526
386-11-004 SAJJAD H MIR 12552 SARATOGA AVE SARATOGA CA 95070
386-11-005 BIG SUR INC PO BOX 325 SARATOGA CA 95071
386-11-006 MICHAEL & JENNY BENNETTE 12528 SARATOGA AVE SARATOGA CA 95070
386-11-007 YUKAI LIN 12516 SARATOGA AVE SARATOGA CA 95070
386-11-008 RAJESH & KRISHNAMURTHY UMA DORAIRAJAN 12504 SARATOGA AVE SARATOGA CA 95070
386-11-009 PERRY B NELSON 385 JAMES BOWIE CT ALAMO CA 94507
386-11-010 FRANK LINH HO 12480 SARATOGA AVE SARATOGA CA 95070
386-11-011 STEVEN WARITZ 12468 SARATOGA AVE SARATOGA CA 95070
386-11-012 CHAKKRIT KAEWKAN 12456 SARATOGA AVE SARATOGA CA 95070
386-11-029 DEBRA K HIROSE 12511 PASEO CERRO SARATOGA CA 95070
386-11-030 DAVID & MICHELLE SOUTHWICK 12521 PASEO CERRO SARATOGA CA 95070
386-11-031 DENNIS B & PATRICIA M SHIELDS 12531 PASEO CERRO SARATOGA CA 95070
386-11-032 WILLIAM H CORRIDAN 12541 PASEO CERRO SARATOGA CA 95070
386-11-033 ROBERT M TIBBETTS 12551 PASEO CERRO SARATOGA CA 95070
386-11-034 JAN OSBORNE 12561 PASEO CERRO SARATOGA CA 95070
386-11-035 MAJID & MINA GHAFGHAICHI 12571 PASEO CERRO SARATOGA CA 95070
386-11-036 JOHN W & DOROTHY A BROOKMAN 12581 PASEO CERRO SARATOGA CA 95070
386-11-037 THOMAS D & JUDITH L FAVORITO 12591 PASEO CERRO SARATOGA CA 95070
386-11-038 BRETT E & MILAGROS D CROSS 12601 PASEO CERRO SARATOGA CA 95070
386-11-039 PETER RAULWING 12611 PASEO CERRO SARATOGA CA 95070
386-11-040 AMER H & SHAMIM MUNIRA HAIDER 12621 PASEO CERRO SARATOGA CA 95070
386-12-038 MANFRED E SCHABES 12652 PASEO FLORES SARATOGA CA 95070
386-12-039 MICHAEL NIKKHOO PO BOX 3192 SARATOGA CA 95070
386-12-040 YVONNE YAN MOK 12624 PASEO FLORES SARATOGA CA 95070
386-12-041 JAMES & LORETTA HUANG 1690 HOLT AVE LOS ALTOS CA 94024
386-14-003 EBRAHIM & SHAHLA KAABIPOUR 12600 SARATOGA AVE SARATOGA CA 95070
386-14-028 JOHN & CAROLE FREITAS LLC 3030 MOORPARK AVE SAN JOSE CA 95128
386-17-014 MARJORIE J BURNETT 12481 JOLENE CT SARATOGA CA 95070
386-17-015 PAUL W SISNEROS 12491 JOLENE CT SARATOGA CA 95070
386-17-016 THOMAS H HUANG 12501 JOLENE CT SARATOGA CA 95070
386-17-017 ROBERT M GAGLIASSO 12511 JOLENE CT SARATOGA CA 95070
386-17-018 SHIVASHANKAR RAMANI 12510 JOLENE CT SARATOGA CA 95070
386-17-019 KERCHEN HELLER 12500 JOLENE CT SARATOGA CA 95070
386-17-020 DEVANGI PATEL 2502 BENTLEY RIDGE DR SAN JOSE CA 95138
386-17-021 DEAN A & CARRILLO MARTA MULLA 18690 WESTVIEW DR SARATOGA CA 95070
386-17-022 DON E & PATRICIA J ERICKSON 18670 WESTVIEW DR SARATOGA CA 95070
386-17-023 ANUMELE D & HEMAMALINI S RAJA 12511 SARATOGA AVE SARATOGA CA 95070
386-17-032 JOHANSON FAMILY TR 12537 SARATOGA AVE SARATOGA CA 95070
386-17-038 KEVIN J BINKLEY 18701 WOOD DELL CT SARATOGA CA 95070
386-17-039 ALI & LILA FATEMI 18723 WOOD DELL CT SARATOGA CA 95070
386-17-040 PATRICIA B SCHARPF 18745 WOOD DELL CT SARATOGA CA 95070
386-17-041 MICHAEL L BOYD 18767 WOOD DELL CT SARATOGA CA 95070
386-17-046 RUSSELL J & GINGER T P 18732 WOOD DELL CT SARATOGA CA 95070
386-17-047 MIN LUO 18700 WOOD DELL CT SARATOGA CA 95070
386-17-048 JOYCE SHIH-YIN FANG 12619 SARATOGA AVE SARATOGA CA 95070
386-18-007 RICHARD R & TERRI M NAKATSU 12457 SARATOGA AVE SARATOGA CA 95070
386-18-008 WESTWIND ENTERPRISES LTD 1515 THE ALAMEDA #200 SAN JOSE CA 95126
386-18-009 DONNA I KING 12481 SARATOGA AVE SARATOGA CA 95070
386-18-010 NAYEROLSADAT & RONAGHI MOHAMMAD ZAHIRI 12493 SARATOGA AVE SARATOGA CA 95070
386-18-011 GEORGE E & RUTH M SANDERS 18677 WESTVIEW DR SARATOGA CA 95070
386-18-012 DAVID L & ILENE F TUCKER 18693 WESTVIEW DR SARATOGA CA 95070
386-18-013 LARRY H & BRENDA L MEHRINGER 18709 WESTVIEW DR SARATOGA CA 95070
386-18-014 ARTURO & CRUELLS-BEJAR MERITXELL BEJAR 18725 WESTVIEW DR SARATOGA CA 95070
386-18-029 VINCENT J GARONE 1387 NATHAN HALE DR PHOENIXVILLE PA 19460
386-18-030 DERA M OLDOFREDI 1360 ELWOOD DR LOS GATOS CA 95032
386-18-031 THOMAS I SAVAGE 12468 LOLLY CT SARATOGA CA 95070
386-46-001 THOMAS R POCHARI 12847 JEPSEN CT SARATOGA CA 95070
386-46-002 TODD & DENISE KAJIOKA 12610 PASEO CERRO SARATOGA CA 95070
386-46-003 MILLER J & FAY J R 12600 PASEO CERRO SARATOGA CA 95070
386-46-004 BA VAN & JENIFER HUA 12590 PASEO CERRO SARATOGA CA 95070
386-46-005 MARC A VALLANCEY PO BOX 35691 MONTE SERENO CA 95030
386-46-006 JESSICA A WU 12570 PASEO CERRO SARATOGA CA 95070
386-46-007 ANNE C LEE 12560 PASEO CERRO SARATOGA CA 95070
386-46-008 JOHN H & HAE YOUNG KIM 12550 PASEO CERRO SARATOGA CA 95070
386-46-009 SEAN J & KAREN A MURPHY 12540 PASEO CERRO SARATOGA CA 95070
386-46-010 SAROJA SRIPATHI 12530 PASEO CERRO SARATOGA CA 95070
386-46-011 CURTIS L BIGGS 1058 KELTNER AVE SAN JOSE CA 95117
386-46-026 HERBERT M AMOS 12571 PASEO FLORES SARATOGA CA 95070
386-46-027 CALLIOPE TRAH 12583 PASEO FLORES SARATOGA CA 95070
386-46-028 DOMINIC & JENNIFER BRIGNETTI 12595 PASEO FLORES SARATOGA CA 95070
386-46-029 AKIRA & MIYUKI NAKAZATO 12607 PASEO FLORES SARATOGA CA 95070
386-46-030 DAVID L & WENDY A THURSTON 12619 PASEO FLORES SARATOGA CA 95070
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386-46-031 MIN LEE 12631 PASEO FLORES SARATOGA CA 95070
386-46-032 PAUL TEN-REN YANG 12643 PASEO FLORES SARATOGA CA 95070
386-46-033 JOSEPH E & HELEN M STANLEY 12655 PASEO FLORES SARATOGA CA 95070
386-46-034 ELIZABETH & SHEPARD PAUL HAHN 12667 PASEO FLORES SARATOGA CA 95070
386-46-035 KAREN G VALENTE 18707 BUCKNALL RD SARATOGA CA 95070
386-62-001 CHUIYU YU 4952 CREEKWOOD DR FREMONT CA 94555
386-62-002 MARI MATSUMOTO 6600 NE 78TH CT #10527 PORTLAND OR 97218
386-62-003 ALI TASDIGHI & PANTEA BORZORG FAR 18875 BIARRITZ LN SARATOGA CA 95070
386-62-004 REID ALLAN VIGDOR 18867 BIARRITZ LN SARATOGA CA 95070
386-62-005 GARY R & LOIS M SCHULTZ 18859 BIARRITZ LN SARATOGA CA 95070
386-62-006 NORMAN A SMITH 12624 BIARRITZ LN SARATOGA CA 95070
386-62-007 ALLISON TZAI YUAN & YAW WEN HU 12630 BIARRITZ LN SARATOGA CA 95070
386-62-008 DENISE J RENOLA 12636 BIARRITZ LN SARATOGA CA 95070
386-62-009 DAN & HELEN B SCHEEL 12642 BIARRITZ LN SARATOGA CA 95070
386-62-010 JAMES S TUREK 12648 BIARRITZ LN SARATOGA CA 95070
386-62-011 SUSAN SUKONIC POSNER 12654 BIARRITZ LN SARATOGA CA 95070
386-62-012 DAVID A & JUDITH S STUART 18831 BIARRITZ CT SARATOGA CA 95070
386-62-013 TRUDE CHEO & TRUDE KO 18837 BIARRITZ CT SARATOGA CA 95070
386-62-014 SALLY N GRAY 18847 BIARRITZ CT SARATOGA CA 95070
386-62-015 MAKOTO & YUMIKO MORISE 18830 BIARRITZ CT SARATOGA CA 95070
386-62-016 CAROL A MANNING 18838 BIARRITZ CT SARATOGA CA 95070
386-62-017 JERRY D HUTCHESON 18846 BIARRITZ CT SARATOGA CA 95070
386-62-018 PAMELA L POLLACE 18852 BIARRITZ CT SARATOGA CA 95070
386-62-019 MARGIT CHAPMAN 20624 SEVILLA LN SARATOGA CA 95070
386-62-020 EDWARD PETRILLO 101 AMBER OAK CT LOS GATOS CA 95030
386-62-021 MIKE & AMIRI MARJON MASOUMI 19467 SARATOGA LG RD SARATOGA CA 95070
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Subject APN: 386-11-005: Address: 12540 Saratoga Ave
500’ Radius Saratoga CA 95070
Advanced Listing Services Inc.
Ownership Listings & Radius Maps
P.O. Box 2593 •Dana Point, CA •92624
Office: (949) 361-3921 •Fax: (949) 361-3923
www.Advancedlisting.com
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REPORT TO
THE PLANNING COMMISSION
Meeting Date: December 11, 2013
Application: Design Review PDR13-0009
Location / APN: 19231 Monte Vista Avenue / 397-09-015
Owner/Applicant: Hung and Tina Nguyen / TDH Design
Staff Planner: Cynthia McCormick, Planner, AICP
19231 Monte Vista Avenue
Page 1 of 4
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Summary
PROJECT DESCRIPTION: The applicant requests Design Review approval to replace an existing
3,540 square foot home with a new 5,915 square foot single-story home.
STAFF RECOMMENDATION: Adopt Resolution No. 13-044 approving the project subject to
conditions of approval.
Design review approval by the Planning Commission is required pursuant to City Code Section
15-45.060.
PROJECT DATA:
Net Site Area: 42,512 SF (38,840 SF net)
Average Slope: 6.8%
General Plan Designation: Very Low Density Residential (RVLD)
Zoning: Single-Family Residential (R1-40,000)
Proposed Allowed/Required
Site Coverage
Residence, Porch
Carport and Cabana
Pool, Decks, Veranda, Patio
Driveway (pervious)
Walkway & Landing
6,095 sq. ft.
949 sq. ft.
4,115 sq. ft.
855 sq. ft. (50% of 1,709)
356 sq. ft.
12,370 sq. ft. (31.85%)
13,594.28 sq. ft. (35% Maximum)
Floor Area
First Floor & Porch
Garage:
Total Floor Area
5,448 sq. ft.
467 sq. ft.
5,915 sq. ft.
5,922 sq. ft. Maximum
Height (Residence)
Lowest Elevation Point:
Highest Elevation Point:
Average Elevation Point:
Proposed Topmost Point:
562.50’
569.00’
565.75’
589.75’ (24’)
26 feet Maximum
Setbacks
Front:
Left Side:
Right Side:
Rear:
1st Story
48’
30’
20’
78’
1st Story
30’
20’
20’
50’
Application No. PDR 13-0009; 19231 Monte Vista Ave / 397-09-015 Page 2 of 4
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SITE CHARACTERISTICS
Site Description: The 42,512 square foot lot is located in a neighborhood of single-story and two-
story homes on large lots.
Project Description: The 5,915 square foot single-story home has been designed in a “Tuscan
Renaissance” style with neutral colored integrated stucco, stone veneer columns, mission tile
roofing, and wrought-iron railing. The project includes a pool, cabana, and carport. The resolution
includes a condition requiring a deed restriction that the cabana and carport not be enclosed on three
or more sides. The deed restriction is a standard condition when enclosure of an accessory structure
would increase the floor area beyond that allowed by code.
Detail Colors and Materials
Exterior Tan colored stucco with ivory colored trim
Window Trim Brown stained wood clad
Column Trim Desert Bland Cobblefield cultured stone veneer
Garage Door Brown stained Wood (carriage style)
Roof White Oak blend clay tiles
CalGreen Standards: The project meets the minimum CalGreen standards and exceeds the
California Energy Code requirements by 15%. The project also includes energy efficient
appliances, an electrical vehicle charging unit, and the potential for a solar electrical panel.
Neighbor Notification and Correspondence: The property owner distributed notification forms
to the adjacent neighbors. A Public Notice was also sent to property owners within 500 feet of the
site. Six neighbor notification forms were received by staff. One neighbor (to the rear of the
subject property) had concerns about view impacts given the proposed height of the home. Staff
was unable to reach this neighbor by phone. Privacy and view impacts are kept to a reasonable
minimum given the lot size and setbacks of the home. A tennis court and large rear yard setback
separate the neighbor’s outdoor living area from the subject property. Furthermore, there is a 78
foot setback from the proposed home to the rear property line, abutting the neighbor’s property.
FINDINGS
Design Review Findings:
The findings required for issuance of a Design Review approval pursuant to City Code Article 15-
45 are set forth below and the Applicant has met the burden of proof to support making all of those
required findings:
(a) The project avoids unreasonable interference with views and privacy. The project meets this
finding. View and privacy impacts are minimized by the larger than required front and rear yard
setbacks. Side facing windows are setback in accordance with code and are screened with
mature landscaping. The proposed height is two feet less than required by code, further
minimizing view impacts.
Application No. PDR 13-0009; 19231 Monte Vista Ave / 397-09-015 Page 3 of 4
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Application No. PDR 13-0009; 19231 Monte Vista Ave / 397-09-015 Page 4 of 4
(b) The project preserves the natural landscape. The project meets this finding. Three protected
trees meet the criteria for removal and replacement as part of the project. A fern pine and
flowering pear tree, not protected by City Code, are also requested for removal, and may be
removed at any time without a permit. The front yard landscape design includes large mature
trees and new plants that will complement the neighborhood streetscape.
(c) The project preserves protected, native and heritage trees. The project meets this finding in that
no heritage or native trees are proposed for removal.
(d) The project minimizes the perception of excessive bulk. The project meets this finding. The
perception of bulk is minimized by a larger than required setback from the street and appropriate
massing along the front of the large lot. The height and size of the entry is in proportion to the
overall structure and the garage entry is set perpendicular to the street, further minimizing the
perception of bulk. The project minimizes the use of colors with a tan colored travertine finish
stucco and ivory colored trim. The stone veneer is limited to the entry columns.
(e) The project is of compatible bulk and height. The project meets this finding in that the size and
massing of the home is in proportion to other homes in the neighborhood. The large rear setback
will minimize interference with solar access, and with light and air to adjacent properties.
(f) The project uses current grading and erosion control methods. Site development minimizes
grading. The Project is conditioned to conform to the City’s current grading and erosion control
standards and comply with applicable NPDES Standards.
(g) The project follows appropriate design policies and techniques. The project meets this finding.
The project minimizes the building height (Policy 1, Technique 4), maintains existing mature
trees on the property (Policy 2, Technique 3), controls views to adjacent properties (Policy 3,
Technique 1), locates the structure to minimize view blockage (Policy 3, Technique 1), and
locates the structure to minimize impacts to light, air, and solar access of adjacent homes (Policy
5, Technique 3).
Environmental Determination: The project is categorically exempt from the California
Environmental Quality Act (CEQA) pursuant to 14 C.C.R. Section 15303, Class 3 “New
Construction or Conversion of Small Structures”, of the Public Resources Code (CEQA). This
exemption allows for the construction of up to three single-family residences and no exception to
that exemption applies.
STAFF RECOMMENDATION: Adopt Resolution No. 13-044 approving the project, subject to
conditions of approval.
ATTACHMENTS:
1. Resolution of Approval
2. Neighbor Notification Forms
3. Public Hearing Notice, Mailing Addresses for Project Notification
4. CalGreen Measures
5. Development Plans (Exhibit "A")
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RESOLUTION NO: 13-044
A RESOLUTION OF THE CITY OF SARATOGA PLANNING COMMISSION
APPROVING AN APPLICATION FOR DESIGN REVIEW OF
A NEW SINGLE-STORY SINGLE-FAMILY DWELLING LOCATED AT
19231 MONTE VISTA AVENUE (397-09-015) SARATOGA CA 95070
WHEREAS, on May 15, 2013, an application was submitted by Tri Hong on behalf of
Hung and Tina Nguyen requesting Design Review approval for a new single-story single-family
dwelling. The new home would be 5,915 square feet in area and 24 feet in height. The new home
will replace an existing 3,540 square foot home. The 42,512 square foot lot is located in the R1-
40,000 zoning district.
WHEREAS, the Community Development Department completed an environmental
assessment for the project in accordance with the California Environmental Quality Act (CEQA),
and recommends that the Planning Commission determine this project exempt.
WHEREAS, on December 11, 2013, the Planning Commission held a duly noticed public
hearing on the subject application, and considered evidence presented by City Staff, the applicant,
and other interested parties.
NOW THEREFORE, the Planning Commission of the City of Saratoga hereby finds,
determines and resolves as follows:
Section 1: The recitals set forth above are true and correct and incorporated herein by
reference.
Section 2: The project is categorically exempt from the California Environmental Quality
Act (CEQA) pursuant to 14 C.C.R. Section 15303, Class 3 “New Construction or Conversion of
Small Structures”, of the Public Resources Code (CEQA). This exemption allows for the
construction of up to three single-family residences and no exception to that exemption applies.
Section 3: The project is consistent with the following Saratoga General Plan Policies;
Conservation Element Goal 2 and Land Use Element Goad 1 which states that the City shall
preserve the City’s existing character which includes small town residential, rural/semi-rural areas
and open spaces areas; Conservation Element Policy 6.0 which provides that the City shall protect
the existing rural atmosphere of Saratoga by carefully considering the visual impact of new
development; and Land Use Element Policy 1.1 that the city shall continue to be predominantly a
community of single-family detached residences.
Section 4: The project is consistent with the Saratoga City Code design review findings in
that the project avoids unreasonable interference with views and privacy; preserves the natural
landscape, native and heritage trees; minimizes the perception of excessive bulk; is of compatible
bulk and height; uses current grading and erosion control methods; and follows appropriate design
policies and techniques.
90
Resolution No. 13-044
Section 5: The City of Saratoga Planning Commission hereby approves PDR13-0009
located at 19231 Monte Vista Avenue subject to the Findings, and Conditions of Approval attached
hereto as Exhibit 1.
PASSED AND ADOPTED by the City of Saratoga Planning Commission on this 11th day of
December 2013 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
____________________________
Joyce Hlava
Chair, Planning Commission
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Resolution No. 13-044
Exhibit 1
CONDITIONS OF APPROVAL
PDR13-0009
19231 MONTE VISTA AVENUE (397-09-015)
1. All conditions below which are identified as permanent or for which an alternative period of
time for applicability is specified shall run with the land and apply to the landowner’s
successors in interest for such time period. No zoning clearance, or demolition, grading for this
project shall be issued until proof is filed with the city that a certificate of approval documenting
all applicable permanent or other term-specified conditions has been recorded by the applicant
with the Santa Clara County Recorder’s office in form and content to the Community
Development Director. If a condition is not “Permanent” or does not have a term specified, it
shall remain in effect until the issuance by the City of Saratoga of a Certificate of Occupancy or
its equivalent.
2. The Owner and Applicant will be mailed a statement after the time the Resolution granting this
approval is duly executed, containing a statement of all amounts due to the City in connection
with this application, including all consultant fees (collectively “processing fees”). This
approval or permit shall expire sixty (60) days after the date said notice is mailed if all
processing fees contained in the notice have not been paid in full. No Zoning Clearance or
Demolition, Grading, or Building Permit may be issued until the City certifies that all
processing fees have been paid in full (and, for deposit accounts, a surplus balance of $500 is
maintained).
3. The Project shall maintain compliance with all applicable regulations of the State, County, City
and/or other governmental agencies having jurisdiction including, without limitation, the
requirements of the Saratoga City Code incorporated herein by this reference.
4. As a condition of this Approval, Owner and Applicant hereby agree to defend, indemnify and
hold the City and its officers, officials, boards, commissions, employees, agents and volunteers
harmless from and against:
a. any and all claims, actions or proceedings to attack, set aside, void or annul any action
on the subject application, or any of the proceedings, acts or determinations taken, done
or made prior to said action; and
b. any and all claims, demands, actions, expenses or liabilities arising from or in any
manner relating to the performance of such construction, installation, alteration or
grading work by the Owner and/or Applicant, their successors, or by any person acting
on their behalf.
In addition, prior to any Zoning Clearance, Owner and Applicant shall execute a separate
agreement containing the details of this required Agreement to Indemnify, Hold harmless and
Defend, which shall be subject to prior approval as to form and content by the City Attorney.
92
Resolution No. 13-044
5. Compliance with Plans. The development shall be located and constructed to include those
features, and only those features, as shown on the Approved Plans denominated Exhibit "A",
and as conditioned below. All proposed changes to the Approved Plans must be submitted in
writing with plans showing the changes, including a clouded set of plans highlighting the
changes. Such changes shall be subject to approval in accordance with City Code.
6. Building Division Submittal. Four (4) sets of complete construction plans shall be submitted
to the Building Division. These plans shall be subject to review and approval by the City prior to
issuance of Zoning Clearance. The construction plans shall, at a minimum include the
following:
a. Architectural drawings and other plan sheets consistent with those identified as Exhibit “A”
on file with the Community Development Department.
b. All additional drawings, plans, maps, reports, notes, and/or materials required by the
Building Division.
c. The Arborist Report and reference documents printed onto separate construction plan
pages.
d. This signed and dated Resolution printed onto separate construction plan pages.
e. The site plan shall contain a note with the following language: “Prior to foundation
inspection by the City, the Licensed Land Surveyor of record shall provide a written
certification that all building setbacks comply with the Approved Plans,” which note shall
represent a condition which must be satisfied to remain in compliance with this Design
Review Approval.
7. The owner/applicant shall agree to all conditions required by the Saratoga Building Department.
8. The owner/applicant shall agree to all conditions required by the City Engineer, as applicable.
9. The owner/applicant shall agree to all conditions required by the City Arborist, as applicable,
prior to issuance of building permits.
10. The owner/applicant shall agree to all conditions required by the Santa Clara County Fire
Department, as applicable.
11. The owner/applicant shall agree to all conditions required by the Sewer District, as applicable,
prior to issuance of building permits.
12. PERMANENT CONDITION - The Owner/applicant shall enter into a written agreement with
the City that restricts enclosure of more three or more walls of the carport or cabana. The
terms and conditions of the agreement shall run with the land which is to be developed, shall be
binding upon the successor in interest of the applicant, and shall be recorded in the Santa Clara
County Recorder's office.
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CITY OF SARATOGA
Community Development Department
13777 Fruitvale Avenue
Saratoga, CA 95070
(408) 868-1222
NOTICE OF MEETING
The City of Saratoga’s Planning Commission announces the following meeting on:
Wednesday, December 11th at 7:00 p.m.
The meeting will be held in the City Hall Theater located at 13777 Fruitvale Avenue. Details of
this item are available at the Saratoga Community Development Department, Monday through
Friday 7:30 a.m. – 5:00 p.m. Please consult the City website at www.saratoga.ca.us regarding
Friday office closures.
ADDRESS / APN: 19231 Monte Vista Drive, Saratoga, California 95070 / 397-09-015
OWNER: Hung and Tina Nguyen
APPLICATION: PDR13-0009
PROJECT DESCRIPTION: The applicant is requesting Design Review approval to replace an
existing home with a new home. The new single-story home would be 5,915 square feet in area
and 24 feet in height. The proposal conforms to the city’s standards for height, setbacks, floor
area, and lot coverage.
All interested persons may appear and be heard at the above time and place. If you challenge a
decision of the Planning Commission, you may be limited to raising only those issues you or
someone else raised at the meeting.
This notice has been sent to all owners of property within 500 feet of the project that is the subject
of this notice. The City uses the official roll produced by the County Assessor’s office annually, in
preparing its notice mailing lists. In some cases, out-of-date information or difficulties with the U.S.
Postal Service may result in notices not being delivered to all residents potentially affected by a
project. If you believe that your neighbors would be interested in the project described in this
notice, we encourage you to provide them with a copy of this notice. This will ensure that everyone
in your Community has as much information as possible concerning this project.
Cynthia McCormick, Planner, AICP
(408) 868-1230
101
Subject APN: 397-09-015 Address: 19231 MONTE VISTA DR
500’ Radius SARATOGA CA 95070
Advanced Listing Services Inc.
Ownership Listings & Radius Maps
P.O. Box 2593 •Dana Point, CA •92624
Office: (949) 361-3921 •Fax: (949) 361-3923
www.Advancedlisting.com
102
Parcel No Owner Name Owner Address Owner City, State Zip
5/22/2013 500' OWNERSHIP LISTING 19231 Monte Vista Dr
397-09-005 FARHAD & ZARRINKHAMEH SHOLEH MOGHADAM 15440 VIA COLINA DR SARATOGA CA 95070
397-09-006 FRANKLIN & MARGARET GEE 1381 28TH AVE SAN FRANCISCO CA 94122
397-09-007 JODY L SCLAVOS 19222 MONTE VISTA DR SARATOGA CA 95070
397-09-008 MOTI K & SONI M JIANDANI 19188 MONTE VISTA DR SARATOGA CA 95070
397-09-009 GUDAPATI FAMILY TR 19170 MONTE VISTA DR SARATOGA CA 95070
397-09-010 JOHN B & MELINDA M DINAPOLI 99 ALMADEN BLVD #565 SAN JOSE CA 95113
397-09-012 DANIEL B & JOANNE T ODONNELL 19135 MONTE VISTA DR SARATOGA CA 95070
397-09-013 JOHN S & BEULAH A MCINERNY 19175 MONTE VISTA DR SARATOGA CA 95070
397-09-014 TONG & MAY SHUM MU 19199 MONTE VISTA DR SARATOGA CA 95070
397-09-015 HUNG T & TINA NGUYEN 19231 MONTE VISTA DR SARATOGA CA 95070
397-09-016 KAMIAR & MARJAN FARIBA 19265 MONTE VISTA DR SARATOGA CA 95070
397-09-017 SUSAN K & RICHARD COHEN 19242 PANORAMA DR SARATOGA CA 95070
397-09-018 ARMIN NIKFAR 19208 PANORAMA DR SARATOGA CA 95070
397-09-019 ERIC L WESENBERG 19174 PANORAMA DR SARATOGA CA 95070
397-09-020 YAO & YANG QIANQIU ZHAO 19140 PANORAMA DR SARATOGA CA 95070
397-09-021 BARKER E L 108 CASABA CREEK CT SAN JOSE CA 95120
397-09-022 ROBERT S & CAROLINE JOHNSON 19101 PANORAMA DR SARATOGA CA 95070
397-09-023 KENNETH A EPSMAN 19141 PANORAMA DR SARATOGA CA 95070
397-09-024 MARY M EVANS 19175 PANORAMA DR SARATOGA CA 95070
397-09-025 MICHAEL W & MARIAM HARA 19209 PANORAMA DR SARATOGA CA 95070
397-09-026 BARTHOLOMEW C & STEPHANIE C LALLY 15200 VIA COLINA DR SARATOGA CA 95070
397-09-035 JAMES D & GRETCHEN W MAIR 1690 DELL AVE CAMPBELL CA 95008
397-09-043 JOHN S MORSE 15463 EL CAMINO GRANDE SARATOGA CA 95070
397-10-001 MARY C BURNS 15335 VIA COLINA DR SARATOGA CA 95070
397-10-002 CLOYD E & MARY KAY MARVIN 15355 VIA COLINA DR SARATOGA CA 95070
397-10-003 ESMARALDA DAS 19351 SARATOGA-LOS GATO SARATOGA CA 95070
397-10-004 PAUL J DAS 19371 SARATOGA-LOS GATO SARATOGA CA 95070
397-10-022 HANNAH S COMISKEY P.O. BOX 2026 SARATOGA CA 95070
397-10-023 SRIRAM RAMAMURTHY 19298 MONTE VISTA DR SARATOGA CA 95070
397-10-024 JAMES P & JENNIFER K CARRIGAN 19311 MONTE VISTA DR SARATOGA CA 95070
397-10-025 CHANDRA S & REKHA JOSHI 19327 MONTE VISTA DR SARATOGA CA 95070
397-10-028 JO ANN J & JEROME F O CONNELL 19360 VALLE VISTA DR SARATOGA CA 95070
397-10-029 VENKATESH HARINARAYAN 15205 VIA COLINA DR SARATOGA CA 95070
397-10-033 VENKATESH & NEELAKANTAN SUDHA HARINARAYAN 15205 VIA COLINA DR SARATOGA CA 95070
397-10-034 HUGH F & ROWENA R LENNON PO BOX 3315 SARATOGA CA 95070
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REPORT TO
THE PLANNING COMMISSION
Meeting Date: December 11, 2013
Application: Design Review PDR13-0012
Location / APN: Saratoga Vista Avenue / 393-39-025
Owner/Applicant: Li / Timeline Design
Staff Planner: Cynthia McCormick, Planner, AICP
Saratoga Vista Avenue
Page 1 of 6
120
Summary
PROJECT DESCRIPTION: The applicant requests Design Review approval to construct a new 3,348
square foot two-story home on a vacant lot.
STAFF RECOMMENDATION: Adopt Resolution No. 13-035 approving the project subject to
conditions of approval.
Design review approval by the Planning Commission is required pursuant to City Code Section
15-45.060.
PROJECT DATA:
Site Area: 12,611 sq. ft. (10,846 net)
Average Slope: 11.6%
General Plan Designation: Medium Density Residential (M-10)
Zoning: Single-Family Residential (R1-10,000)
Proposed Allowed/Required
Site Coverage
Residential Footprint
Driveway
Walkway / Decks
2,977 sq. ft.
875 sq. ft.
1,635 sq. ft.
5,487 sq. ft. (43.5%)
60% Maximum
Floor Area
First Floor & Porch
Second Floor
Garage:
Total Floor Area
1,775 sq. ft.
1,173 sq. ft.
400 sq. ft.
3,348 sq. ft.
3,370 sq. ft. Maximum
Height (Residence)
Lowest Elevation Point:
Highest Elevation Point:
Average Elevation Point:
Proposed Topmost Point:
100.88’
103.12’
102.00’
126.08’ (24.08’)
26 feet Maximum
Setbacks
Front:
Left Side:
Right Side:
Rear:
1st Story
25’-2”
15’-0”
15’-2”
59’-9’
2nd Story
37’10”
18’-8.5”
21’-3.5”
72’-5”
1st Story
25’
10’
10’
25
2nd Story
25’
15’
15’
35
Application No. PDR 13-0012; Saratoga Vista Ave / 393-39-025 Page 2 of 6
121
PROJECT HISTORY
On September 25 2013, the Planning Commission reviewed a design review application for a
new 3,668 square foot two-story home on a vacant lot. Following public testimony and feedback
from the Planning Commission, the applicant requested a continuance to make design changes. The
changes are described below.
SITE CHARACTERISTICS
Site Description: The 12,611 square foot vacant lot is located in a transitioning neighborhood of
single-story and two-story homes. The hillside lot has an average slope of approximately 11.6%,
sloping from east to west and from northeast to southwest. The gross lot is approximately 20 percent
larger than the standard for the zoning district but is similar in size and dimension as the lot to the
right and the two lots across the street. The two lots to the left are similar in gross site area but are
narrower and deeper than the subject lot. The homes to the left and right of the subject property are
single-story while the two homes across the street are two-story. An existing retaining wall is
located on the highest portion of the lot to the east. Several trees line the western and northern
property lines.
Project Description: The 3,348 square foot two-story home has been designed in a “California
Colonial” style with Spanish Colonial Revival elements. The façade includes a single-story
porch and entry supported by classic columns. The design includes dormers that are in keeping
with the style and allow light into the stairwell. The proposed home is similar in height and
massing of the two newer homes across the street. The second story is setback from the front of
the home, reducing its perceived bulk from the street.
Detail Colors and Materials
Exterior Tan colored stucco with ivory colored trim
Window Trim White colored vinyl
Wainscoting Tan and brown colored cultured stone
Front Door Mahogany colored fiberglass
Garage Door Tan colored metal
Roof Brown concrete composite tiles
Privacy impacts are kept to a reasonable minimum by limiting the number of windows on the right
side of the home and the size of the windows facing left. The distance between the windows on the
subject home and adjacent properties also helps to minimize privacy impacts.
The grade at the building’s edge is approximately ten to eleven feet lower than the property to the
south (right). The grade at the building’s edge is approximately three to four feet higher than the
grade of the property to the north (left). The two properties to the left have rear yards abutting the
side yard of the subject property. The minimum rear yard setback for the northern neighbor is 25
feet. There are eight north facing first story windows, located approximately 15 to 17 feet from the
northern property line, where 10 feet is required. There are two north facing second story windows,
located approximately 18 feet 8 ½ inches from the northern property line where 15 feet is required.
Application No. PDR 13-0012; Saratoga Vista Ave / 393-39-025 Page 3 of 6
122
As presented at the September 25th hearing, the applicant had previously made the following
design changes to reduce the perception of bulk and integrate the home into the neighborhood:
• Minimized privacy impacts by increasing window sill height from two to five feet-six inches
• Decreased the overall size of the windows on the left side of the home (including those that
would have been needed for egress)
• Minimized the façade bulk by changing the pediment style gables to a more simplified gable
• Replaced the craftsman style tapered columns and stone base with simple square columns
• Removed a bay window from the front elevation
Following public testimony and feedback from the Planning, the applicant has made the
following additional design changes from the September 25th plans:
• Decreased the building height to approximately 24 feet-one inch
• Increased the total earth cut volume and decreased the total earth fill volume, resulting in a
net export of 42 cubic yards (as opposed to a net import of 226 cubic yards).
• Modified the first story layout:
o Shifted the left side of the home slightly further to the rear
o Shifted a portion of the right side of the home to the left side
o Reduced the size of each left facing window but maintained the total window area by
adding three new small windows in the bedroom
o Combined the two garage doors into one garage door
• Modified the second story layout:
o Shifted the left side of the home slightly further to the rear
o Increased the left side second story setback by approximately 3 feet
o Eliminated a bedroom on the left side of the home
o Eliminated four of the windows facing left, reducing the total window area by 17 sq. ft.
CalGreen Standards: The project meets the minimum CalGreen standards and exceeds the
California Energy Code requirements by at least 15%. The project also includes energy efficient
appliances and plans for a future photovoltaic system.
Neighbor Notification and Correspondence: The property owner distributed notification forms
to 10 adjacent neighbors. A Public Notice was also sent to property owners within 500 feet of the
site. As described in the September 25th staff report, neighbor concerns include privacy impacts,
mass and height impacts, and site drainage. Additionally, one neighbor is concerned about the
amount of fill being added to the property.
The applicant has reduced the size and sill height of left facing windows to minimize privacy
impacts. The majority of the second story floor area is located on the right side of the home, thereby
reducing height and privacy impacts on the lower property to the left. The projected grading
includes a net loss of 42 cubic yards; including 322 cubic yards of earth cut volume and 280 cubic
yards of earth fill volume. A two foot wide by six inch deep drainage swale is proposed along the
northern boundary of the lot where the site naturally drains. A storm drain collects runoff from the
swale and connects to a bubble-up dissipater towards the front of the property.
Application No. PDR 13-0012; Saratoga Vista Ave / 393-39-025 Page 4 of 6
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FINDINGS
Design Review Findings:
The findings required for issuance of a Design Review approval pursuant to City Code Article 15-
45 are set forth below. The Applicant has met the burden of proof to support the required findings:
(a) The project avoids unreasonable interference with views and privacy. The project meets this
finding. The home is setback further from property lines than required by code, thus minimizing
privacy and view impacts. Privacy impacts are further minimized by designing the most
impactful second story windows with five foot-six inch sill heights and placing larger windows
needed for second story egress at the rear of the home.
(b) The project preserves the natural landscape. The project meets this finding. No protected
trees are proposed for removal. 602 cubic yards of cut and fill is needed for the project, well
below the maximum 1,000 cubic yards permitted on hillside lots. The front yard landscape
design includes drought tolerant plants and will complement the neighborhood streetscape.
(c) The project preserves protected, native and heritage trees. The project meets this finding in that
no heritage or native trees are proposed for removal.
(d) The project minimizes the perception of excessive bulk. The project meets this finding. The
mass of the home is minimized by designing the height to be approximately two feet lower than
allowed by code. The proposed entry is moderate in height and the second story is setback from
the front, minimizing its presence on the street. While the home nearly maximizes the allowable
floor area, the project incorporates larger than required setbacks, thus minimizing the perceived
bulk. The receding roofline and subtractive placement of second story massing helps
redistribute volume away from the street.
(e) The project is of compatible bulk and height. The project meets this finding in that the home is
located in a transitioning neighborhood of one and two-story homes. The proposed height is
approximately two feet below that required by code and similar to the height of the two homes
across the street. The size and massing of the home is also similar to the two homes across the
street. The large rear setback will minimize interference with solar access, and with light and air
to adjacent properties.
(f) The project uses current grading and erosion control methods. Site development minimizes
grading. The Project is conditioned to conform to the City’s current grading and erosion control
standards and comply with applicable NPDES Standards.
(g) The project follows appropriate design policies and techniques. The project meets this finding.
The project incorporates additional setbacks from property lines (Policy 1, Technique 4),
maintains existing mature trees on the property (Policy 2, Technique 3), controls views to
adjacent properties (Policy 3, Technique 1), locates the structure to minimize view blockage
(Policy 3, Technique 1), and is designed for energy efficiency by allowing light, air, and solar
access to adjacent homes (Policy 5, Technique 3).
Application No. PDR 13-0012; Saratoga Vista Ave / 393-39-025 Page 5 of 6
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Application No. PDR 13-0012; Saratoga Vista Ave / 393-39-025 Page 6 of 6
Environmental Determination: The project is categorically exempt from the California
Environmental Quality Act (CEQA) pursuant to 14 C.C.R. Section 15303, Class 3 “New
Construction or Conversion of Small Structures”, of the Public Resources Code (CEQA). This
exemption allows for the construction of up to three single-family residences and no exception to
that exemption applies.
STAFF RECOMMENDATION: Adopt Resolution No. 13-035 approving the project, subject to
conditions of approval.
ATTACHMENTS:
1. Resolution of Approval
2. Neighbor Notification Forms
3. Public Hearing Notice, Mailing Addresses for Project Notification
4. CalGreen
5. Letter from Applicant
6. Development Plans (Exhibit "A")
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RESOLUTION NO: 13-035
A RESOLUTION OF THE CITY OF SARATOGA PLANNING COMMISSION
APPROVING AN APPLICATION FOR DESIGN REVIEW OF A NEW TWO-STORY
SINGLE-FAMILY DWELLING LOCATED ON A VACANT LOT ON
SARATOGA VISTA AVENUE (393-39-025) SARATOGA CA 95070
WHEREAS, on June 18, 2013, an application was submitted by Timeline Design on
behalf of Hailin and Xue Li requesting Design Review approval for a new two-story single-
family dwelling. The new home would be 3,348 square feet in area and 24.08 feet in height. The
12,611 square foot hillside lot is located in the R1-10,000 zoning district.
WHEREAS, the Community Development Department completed an environmental
assessment for the project in accordance with the California Environmental Quality Act (CEQA),
and recommends that the Planning Commission determine this project exempt.
WHEREAS, on September 25, 2013, the Planning Commission held a duly noticed public
hearing on the subject application, and considered evidence presented by City Staff, the applicant,
and other interested parties.
WHEREAS, the September 25, 2013 public hearing was continued until December 11,
2013 for further consideration by City Staff, the applicant, and other interested parties.
NOW THEREFORE, the Planning Commission of the City of Saratoga hereby
finds, determines and resolves as follows:
Section 1: The recitals set forth above are true and correct and incorporated herein by
reference.
Section 2: The project is categorically exempt from the California Environmental Quality
Act (CEQA) pursuant to 14 C.C.R. Section 15303, Class 3 “New Construction or Conversion of
Small Structures”, of the Public Resources Code (CEQA). This exemption allows for the
construction of up to three single-family residences and no exception to that exemption applies.
Section 3: The project is consistent with the following Saratoga General Plan Policies;
Conservation Element Goal 2 and Land Use Element Goad 1 which states that the City shall
preserve the City’s existing character which includes small town residential, rural/semi-rural areas
and open spaces areas; Conservation Element Policy 6.0 which provides that the City shall protect
the existing rural atmosphere of Saratoga by carefully considering the visual impact of new
development; and Land Use Element Policy 1.1 that the city shall continue to be predominantly a
community of single-family detached residences.
Section 4: The project is consistent with the Saratoga City Code design review findings in
that the project avoids unreasonable interference with views and privacy; preserves the natural
landscape, native and heritage trees; minimizes the perception of excessive bulk; is of compatible
bulk and height; uses current grading and erosion control methods; and follows appropriate design
policies and techniques.
126
Resolution No. 13-035
Section 5: The City of Saratoga Planning Commission hereby approves PDR13-0012
located on a vacant lot on Saratoga Vista Avenue subject to the Findings, and Conditions of
Approval attached hereto as Exhibit 1.
PASSED AND ADOPTED by the City of Saratoga Planning Commission on this 11th day of
December 2013 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
____________________________
Joyce Hlava
Chair, Planning Commission
127
Resolution No. 13-035
Exhibit 1
CONDITIONS OF APPROVAL
PDR13-0012
SARATOGA VISTA AVENUE (393-39-025)
1. All conditions below which are identified as permanent or for which an alternative period of
time for applicability is specified shall run with the land and apply to the landowner’s
successors in interest for such time period. No zoning clearance, or demolition, grading for this
project shall be issued until proof is filed with the city that a certificate of approval documenting
all applicable permanent or other term-specified conditions has been recorded by the applicant
with the Santa Clara County Recorder’s office in form and content to the Community
Development Director. If a condition is not “Permanent” or does not have a term specified, it
shall remain in effect until the issuance by the City of Saratoga of a Certificate of Occupancy or
its equivalent.
2. The Owner and Applicant will be mailed a statement after the time the Resolution granting this
approval is duly executed, containing a statement of all amounts due to the City in connection
with this application, including all consultant fees (collectively “processing fees”). This
approval or permit shall expire sixty (60) days after the date said notice is mailed if all
processing fees contained in the notice have not been paid in full. No Zoning Clearance or
Demolition, Grading, or Building Permit may be issued until the City certifies that all
processing fees have been paid in full (and, for deposit accounts, a surplus balance of $500 is
maintained).
3. The Project shall maintain compliance with all applicable regulations of the State, County, City
and/or other governmental agencies having jurisdiction including, without limitation, the
requirements of the Saratoga City Code incorporated herein by this reference.
4. As a condition of this Approval, Owner and Applicant hereby agree to defend, indemnify and
hold the City and its officers, officials, boards, commissions, employees, agents and volunteers
harmless from and against:
a. any and all claims, actions or proceedings to attack, set aside, void or annul any action
on the subject application, or any of the proceedings, acts or determinations taken, done
or made prior to said action; and
b. any and all claims, demands, actions, expenses or liabilities arising from or in any
manner relating to the performance of such construction, installation, alteration or
grading work by the Owner and/or Applicant, their successors, or by any person acting
on their behalf.
In addition, prior to any Zoning Clearance, Owner and Applicant shall execute a separate
agreement containing the details of this required Agreement to Indemnify, Hold harmless and
Defend, which shall be subject to prior approval as to form and content by the City Attorney.
128
Resolution No. 13-035
5. Compliance with Plans. The development shall be located and constructed to include those
features, and only those features, as shown on the Approved Plans denominated Exhibit "A",
and as conditioned below. All proposed changes to the Approved Plans must be submitted in
writing with plans showing the changes, including a clouded set of plans highlighting the
changes. Such changes shall be subject to approval in accordance with City Code.
6. Building Division Submittal. Four (4) sets of complete construction plans shall be submitted
to the Building Division. These plans shall be subject to review and approval by the City prior to
issuance of Zoning Clearance. The construction plans shall, at a minimum include the
following:
a. Architectural drawings and other plan sheets consistent with those identified as Exhibit “A”
on file with the Community Development Department.
b. All additional drawings, plans, maps, reports, notes, and/or materials required by the
Building Division.
c. This signed and dated Resolution printed onto separate construction plan pages.
d. The site plan shall contain a note with the following language: “Prior to foundation
inspection by the City, the Licensed Land Surveyor of record shall provide a written
certification that all building setbacks comply with the Approved Plans,” which note shall
represent a condition which must be satisfied to remain in compliance with this Design
Review Approval.
7. The owner/applicant shall agree to all conditions required by the Saratoga Building Department.
8. The owner/applicant shall agree to all conditions required by the City Engineer, as applicable.
9. The owner/applicant shall agree to all conditions required by the City Arborist, as applicable,
prior to issuance of building permits.
10. The owner/applicant shall agree to all conditions required by the Santa Clara County Fire
Department, as applicable.
11. The owner/applicant shall agree to all conditions required by the Sewer District, as applicable,
prior to issuance of building permits.
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CITY OF SARATOGA
Community Development Department
13777 Fruitvale Avenue
Saratoga, CA 95070
(408) 868-1222
NOTICE OF PUBLIC HEARING
The City of Saratoga’s Planning Commission announces the following public hearing on:
Wednesday, September 25 2013 at 7:00 p.m.
The public hearing will be held in the City Hall Theater located at 13777 Fruitvale Avenue. A
site visit will also be held by the Planning Commission at the subject property. Please contact the
Planning Department for the date and time of the site visit. The public hearing agenda item is
stated below. Details of this item are available at the Saratoga Community Development
Department, Monday through Friday 7:30 a.m. – 5:00 p.m. Please consult the City website at
www.saratoga.ca.us regarding Friday office closures.
APPLICATION: PDR13-0012
OWNER/APPLICANT: Saratoga Vista, LLC / Timeline Design
ADDRESS/APN: vacant lot Saratoga Vista Ave in Saratoga, CA 95070 / 393-39-025
PROJECT DESCRIPTION: The applicant is requesting Design Review approval for a new
two-story single-family dwelling on a vacant lot. The new home would be 3,679 square feet in
area and 25 feet, one inch in height. The proposal conforms to the city’s standards for height,
setbacks, floor area, and lot coverage.
All interested persons may appear and be heard at the above time and place. If you challenge a
decision of the Planning Commission, you may be limited to raising only those issues you or
someone else raised at the Public Hearing.
This notice has been sent to all owners of property within 500 feet of the project that is the subject
of this notice. The City uses the official roll produced by the County Assessor’s office annually, in
preparing its notice mailing lists. In some cases, out-of-date information or difficulties with the U.S.
Postal Service may result in notices not being delivered to all residents potentially affected by a
project. If you believe that your neighbors would be interested in the project described in this
notice, we encourage you to provide them with a copy of this notice. This will ensure that everyone
in your Community has as much information as possible concerning this project.
Cynthia McCormick, Planner, AICP
(408) 868-1230
138
Subject APN: 393-39-025 Address: 13580 SARATOGA VISTA
500’ Radius SARATOGA CA 95070
Advanced Listing Services Inc.
Ownership Listings & Radius Maps
P.O. Box 2593 •Dana Point, CA •92624
Office: (949) 361-3921 •Fax: (949) 361-3923
www.Advancedlisting.com
139
Parcel Number Owner Name Owner Address Owner City, State Zip
#5635 500' OWNERSHIP LISTING Prepared for: 13580 Saratoga Vista Ave
393-34-001 ROGER CHIH-CHUNG & FONG NING WANG 20095 THELMA AVE SARATOGA CA 95070
393-34-002 MARILYN A MASON 20115 THELMA AVE SARATOGA CA 95070
393-34-003 PERCY R & NINA P ARIA 20133 THELMA AVE SARATOGA CA 95070
393-34-004 NIM-CHO & HOI-KUEN CHAN LAM 20151 THELMA AVE SARATOGA CA 95070
393-34-005 JAMES J & DESIREE E HURTAK 20169 THELMA AVE SARATOGA CA 95070
393-34-006 USHA & SURESH BELANI 11645 PUTTER WAY LOS ALTOS CA 94024
393-34-007 ROBERT P HA 20201 THELMA AVE SARATOGA CA 95070
393-34-008 JOHN S & NANCY G FELCH 20221 THELMA AVE SARATOGA CA 95070
393-34-018 EVELYN F TANNER 13494 ALDER CT SARATOGA CA 95070
393-34-024 CHAKRABORTY TRUST 13477 BRIAR CT SARATOGA CA 95070
393-34-025 HARITHA & REDDY L RACHAMALLU 13495 BRIAR CT SARATOGA CA 95070
393-34-026 PAUL C & DAVINA M MORGAN-WITTS 13494 BRIAR CT SARATOGA CA 95070
393-34-027 CARY A & DEBORAH S COUTANT 13478 BRIAR CT SARATOGA CA 95070
393-34-032 DAVID & ALICE PATRICK 13479 BEAUMONT AVE SARATOGA CA 95070
393-34-033 TERRY & SHENG-JUI JENG 13495 BEAUMONT AVE SARATOGA CA 95070
393-35-014 JEN JANET TR 13515 HOWEN DR SARATOGA CA 95070
393-35-015 ADELHEID E IRVIN 990 BENITO CT PACIFIC GROVE CA 93950
393-35-016 TIMOTHY T DING 13545 HOWEN DR SARATOGA CA 95070
393-35-017 FARACO W & MARY L G 13561 HOWEN DR SARATOGA CA 95070
393-35-018 JOSEPH CHUNG YAN & FONG SHIN LUNG 13575 HOWEN DR SARATOGA CA 95070
393-35-019 JACK D & ANNETTE C STRANSKY 13591 HOWEN DR SARATOGA CA 95070
393-35-020 JIALIN & XU HAIHONG ZHOU 13595 HOWEN DR SARATOGA CA 95070
393-35-021 KATTUMADAM FAMILY TR 13610 BEAUMONT AVE SARATOGA CA 95070
393-35-022 MARK HARWOOD 6350 SNELL AVE SAN JOSE CA 95123
393-35-023 MARY H ROBERTS 4738 ANNADEL HEIGHTS RD SANTA ROSA CA 95405
393-35-024 JUNGHAE & LAU ALBERT CHOI 13550 BEAUMONT AVE SARATOGA CA 95070
393-35-025 ZITA C & DAVID W LASSER P O BOX 1816 POULSBO WA 98370
393-35-026 HAROLD B & CAROLYN H STAFF 13530 BEAUMONT AVE SARATOGA CA 95070
393-35-027 JOHNNY C & ROSE M MUSSER 694 HARBOR COVE LN SANTA CRUZ CA 95062
393-35-029 HENRY M & HELGA GLADNEY 20044 GLEN BRAE DR SARATOGA CA 95070
393-38-005 NAGESH & UMA SREEDHARA 13618 HOWEN DR SARATOGA CA 95070
393-38-006 MILLER FAMILY TR 13590 HOWEN DR SARATOGA CA 95070
393-38-007 SANGAM DILIP TR/TR 13574 HOWEN DR SARATOGA CA 95070
393-38-008 BRENDA M & PATRICK J SHASBY 13560 HOWEN DR SARATOGA CA 95070
393-38-009 CHENG-KO JACOB SUN 20010 BRAEMAR DR SARATOGA CA 95070
393-39-007 LEBIN & CHEN YU CHENG 20224 FRANKLIN AVE SARATOGA CA 95070
393-39-008 MARTIN B FENSTER 20667 ASHLEY WAY SARATOGA CA 95070
393-39-009 JIABIN & QI HONG ZHAO 20196 FRANKLIN AVE SARATOGA CA 95070
393-39-010 HUANG DAISY DINGJIE TR 20184 FRANKLIN AVE SARATOGA CA 95070
393-39-011 SHARI TOUGAS 126 BIDDLEFORD CT SAN JOSE CA 95139
393-39-012 TIMOTHY M & KEVIN T DONOHOE 20217 FRANKLIN AVE SARATOGA CA 95070
393-39-013 ELAINE P LINDERS PO BOX 632 DEER PARK WA 99006
393-39-014 YUNG-CHAO & CHAO-ZOON CHUANG 20240 THELMA AVE SARATOGA CA 95070
393-39-015 CUONG ANH DO PHAM 20220 THELMA AVE SARATOGA CA 95070
393-39-016 WEN WEI 20202 THELMA AVE SARATOGA CA 95070
393-39-017 SRINIVASAN V & HEMA C GARGEYA 20188 THELMA AVE SARATOGA CA 95070
393-39-018 YITMIN & NG ROSE LIANG 20170 THELMA AVE SARATOGA CA 95070
393-39-019 JEHYOUNG & YUN HYUNJEONG LEE 13555 SARATOGA VISTA AVE SARATOGA CA 95070
393-39-020 MAJID & ZARI MOHAZZAB 13581 SARATOGA VISTA AVE SARATOGA CA 95070
393-39-021 HELEN H XU 13591 SARATOGA VISTA AVE SARATOGA CA 95070
393-39-022 GREGORY S MATHEWS 13611 SARATOGA VISTA AVE SARATOGA CA 95070
393-39-023 HENRY & SHUM JENNY KWONG 20088 SARATOGA VISTA CT SARATOGA CA 95070
393-39-024 YANJIE TANG 13590 SARATOGA VISTA AVE SARATOGA CA 95070
393-39-025 XUE LI 13590 SARATOGA VISTA SARATOGA CA 95070
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393-39-026 RAVINDRA & SEEMA PRABHAKAR 20130 THELMA AVE SARATOGA CA 95070
393-39-027 CHUNG TING & LO SHAU-PING YAO 20112 THELMA AVE SARATOGA CA 95070
393-39-028 ROBERT E & JERI ROLLIN 13551 BEAUMONT AVE SARATOGA CA 95070
393-39-029 KOU TRUST 13571 BEAUMONT AVE SARATOGA CA 95070
393-39-030 GORDEN E & LINDA D BARRETT 13591 BEAUMONT AVE SARATOGA CA 95070
393-39-031 WAI FAN KOOK 13611 BEAUMONT AVE SARATOGA CA 95070
393-42-026 EVGENI & GOUSSEVA NATALIA GOUSEV 20205 SARATOGA VISTA CT SARATOGA CA 95070
393-42-027 BETTY WEI-CHING CHANG 12891 ABERDEEN CT SARATOGA CA 95070
393-43-001 PEGGY CHEN 13631 BEAUMONT AVE SARATOGA CA 95070
393-43-002 STEPHEN T & NG PAULINE LAM 13651 BEAUMONT AVE SARATOGA CA 95070
393-43-003 SHARON HUANG 13671 BEAUMONT AVE SARATOGA CA 95070
393-43-019 THOMAS J & VINCENTA G WYANT 13682 SARATOGA VISTA AVE SARATOGA CA 95070
393-43-020 GEORGIA COOPER 13664 SARATOGA VISTA AVE SARATOGA CA 95070
393-43-021 JUI-LONG & WANG MEI-WEN LIU 13658 SARATOGA VISTA AVE SARATOGA CA 95070
393-43-022 ANGOOD JOHN B TR/TR 20101 SARATOGA VISTA CT SARATOGA CA 95070
393-43-023 HAIYUN & ZHANG NING TANG 13645 SARATOGA VISTA AVE SARATOGA CA 95070
393-43-024 LIU TRUST 13659 SARATOGA VISTA AVE SARATOGA CA 95070
393-43-025 JONATHAN L HSU PO BOX 2189 SARATOGA CA 95070
393-43-042 LUPE & BARBARA S RODRIGUEZ P.O. BOX 3563 SARATOGA CA 95070
393-43-043 JOHN A & VALERIE KLOBE 13648 CAMINO RICO SARATOGA CA 95070
393-44-010 LECHIE & BEI-HWA LIN 13670 BEAUMONT AVE SARATOGA CA 95070
393-44-011 LUCERN & KING-LAN MA 10205 PASADENA AVE CUPERTINO CA 95014
393-44-012 SALTER ROBERT M 3 AND ELAINE 13630 BEAUMONT AVE SARATOGA CA 95070
393-44-013 NANCY H TRAPP 20035 SARATOGA VISTA CT SARATOGA CA 95070
393-44-014 YUNG FENG & LILI WANG KAO 13649 HOWEN DR SARATOGA CA 95070
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REPORT TO THE PLANNING COMMISSION
Meeting Date: December 11, 2013
Application: ZOA13-0010– Zoning Amendment for Single
Room Occupancy Buildings (SRO)
Location: City Wide
Applicant/Owner: City of Saratoga
Staff Planner: Christopher Riordan, AICP, Senior Planner
Summary
STAFF RECOMMENDATION: Adopt the attached resolution recommending that the City
Council adopt an ordinance amending Section 15-19.035 (C-N(RHD)) to establish
development standards for Single Room Occupancy Buildings.
PROJECT DESCRIPTION:
California Senate Bill 2 (SB2) requires General Plan Housing Elements to include polices
for the provision of transitional housing opportunities often referred to as Single-Room
Occupancy (SRO) housing. An SRO is a building with rental units which may or may not
include individual cooking and/or bathroom facilities. If the units do not contain either a
bathroom or kitchen, than each floor is to contain common bathroom facilities and one
common kitchen.
Consistent with SB2, the current General Plan Housing Element includes the following
policy to encourage the development of SRO’s:
Policy Action 4-4.8: Zoning to Encourage and Facilitate Single-Room
Occupancy Units (SRO’s)
The City understands the importance of single-room occupancy units to
provide housing opportunities for lower-income individuals, persons with
disabilities, the elderly and formerly homeless individuals. The City shall
amend the Zoning Code to establish explicit definitions for and regulatory
standards addressing single-room occupancy units. The Zoning Code will
include development standards and permitting procedures than encourage
and facilitate development of SRO housing, consistent with State law.
The attached ordinance would add a definition and, establish development standards for
SROs. Emergency shelters, transitional housing, and supportive housing for homeless
individuals and families are all permitted uses in the C-N(RHD) district. SROs are a type of
transitional housing and would therefore be considered a permitted use which is consistent
with General Plan Policy Action 4-4.8
1
175
Application No. ZOA12-0006
2
ENVIRONMENTAL DETERMINATION: The Community Development Department
completed an Initial Study and Negative Declaration which included a review of the
environmental impact of all of the policies included in the adopted 2007-2014 General Plan
Housing Element. This review included Policy Action 4-4.8: Zoning to Encourage and
Facilitate Single-Room Occupancy Units (SRO’s)
STAFF RECOMMENDATION: Adopt the attached resolution recommending that the City
Council adopt an ordinance amending Section 15-19.035 (C-N(RHD)) to establish
development standards for Single Room Occupancy Buildings.
ATTACHMENTS:
Resolution recommending that the City Council approve the proposed amendments to
Chapter 15 Zoning Regulations
• Attachment A - Proposed Ordinance Amendments
176
CITY OF SARATOGA PLANNING COMMISSION
RESOLUTION NO: 13-045
Application ZOA13-0010
Amendments to Sections 15-06, 15-19, and 15-35 of the Saratoga City Code
The City of Saratoga Planning Commission finds and determines as follows with respect to
the above-described application:
WHEREAS, California Senate Bill 2 (SB2) requires that General Plan Housing
Elements include polices for the provision of Single-Room Occupancy (SRO) units.
Consistent with SB2, the 2007-2014 General Plan Housing Element included Policy Action
4-4.8 that the City is to amend the Zoning Code to encourage and facilitate Single-Room
Occupancy units consistent with State law.
WHEREAS, on December 11, 2013 the Planning Commission held a duly noticed
Public Hearing on the legislation described above at which time all interested parties were
given a full opportunity to be heard and to present evidence and argument. The Planning
Commission considered the amendments, Staff Report, correspondence, presentations from
the public, and all testimony and other evidence presented at the Public Hearing.
NOW THEREFORE, the Planning Commission of the City of Saratoga hereby
finds, determines and resolves as follows:
Section 1: The recitals set forth above are true and correct and incorporated herein
by reference.
Section 2: The legislation described in the recitals was included in an Initial Study
and Negative Declaration which included a review of the environmental impact of all of the
policies included in the adopted 2007-2014 General Plan Housing Element. This review
included Policy Action 4-4.8: Zoning to Encourage and Facilitate Single-Room Occupancy
Units (SRO’s)
Section 3: After careful consideration of the staff report and other materials,
exhibits and evidence submitted to the City in connection with this matter, the Planning
Commission of the City of Saratoga does hereby recommend to the City Council to amend
the City Code as shown in Exhibit A.
177
2
Application No. ZOA13-0010
PASSED AND ADOPTED by the City of Saratoga Planning Commission on this 11th
day of December 2013 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
____________________________
Joyce Hlava
Chair, Planning Commission
Attachment:
Exhibit “A” – Proposed Zoning Code Amendments
178
Exhibit A
PLANNING COMMISSION RECOMMENDED AMENDMENTS TO SECTIONS 15-06,
15-19, AND 15-35 OF THE SARATOGA CITY CODE
The Planning Commission recommends that the Saratoga City Code be amended as set forth
below. Text to be added is indicated in bold double-underlined font (e.g., bold double-underlined)
and text to be deleted is indicated in strikeout font (e.g., strikeout). Text in standard font is
readopted by this ordinance.
1. Definition of Single-Room Occupancy Building
15-06.615 Single-Room Occupancy Building
“Single-Room Occupancy (SRO) Building” means any building containing five or more
rental units dedicated to providing housing for persons with disabilities, the elderly or
lower-income individuals. SRO buildings contain either individual or common cooking
and/or bathroom facilities. SRO units are individual living spaces within an SRO building.
2. Adding Development Standards for Single-Room Occupancy Buildings and Units to the C-
N(RHD) district regulations.
15-19.035 C-N(RHD) district regulations.
(a) Permitted uses. In addition to the permitted uses listed in Section 15-19.020(a) and
15-19.030(a) of this Article, the following permitted uses shall also be allowed in a C-N(RHD)
district:
(1) Mixed-use development with a minimum residential density of twenty dwelling units
per net acre and conforming to the design standards found in Article 15-58. Pursuant to
Government Code Section 65583.2(i) such development shall not constitute a "project" under
CEQA.
(2) Emergency shelters, transitional housing, single-room occupancy buildings, and
supportive housing for homeless individuals and families.
(b) Conditional uses. In addition to the conditional uses listed in Section 15-19.020(b) and
15-19.030(b) of this Article, the following conditional uses may also be allowed in a C-N(RHD)
district, upon the granting of a use permit pursuant to Article 15-55 of this Chapter:
(1) Drive-through services.
(2) Gasoline service stations; provided that all operations except the sale of gasoline and oil
shall be conducted within an enclosed structure.
179
Exhibit A
(c) Site area. The minimum net site area of any lot in a C-N(RHD) district shall be ten
thousand square feet.
(d) Site frontage, width and depth. The minimum site frontage, width and depth of any
lot in a C-N(RHD) district shall be as follows:
Frontage Width Depth
60 feet 60 feet 100 feet
(e) Coverage. The maximum net site area covered by structures on any lot in a C-N(RHD)
district shall be eighty percent.
(f) Front setback area. The minimum front setback area of any lot in a C-N(RHD) district
shall be ten feet; except that on a site abutting and fronting on the same street as, or directly
across the street from, an A, R-1, HR, R-M or P-A district, the minimum front setback area shall
be fifteen feet.
(g) Side and rear setback areas. No side or rear setback areas shall be required for any lot
in a C-N(RHD) district, subject to the following exceptions:
(1) On a reversed corner lot abutting a lot in an A, R-1, or HR district, the minimum
exterior side setback area shall be not less than one-half of the required front setback area of the
abutting lot.
(2) Except as otherwise provided in subsection (g)(1) of this Section, on a lot abutting an
A, R-1, or HR district, the minimum side setback area or rear setback area abutting such other
district shall be thirty feet.
(3) On a lot directly across a street or alley from an A, R-1, or HR district, the minimum
side setback area or rear setback area abutting such street or alley shall be ten feet.
Where a side or rear setback area is required under any of the foregoing provisions, one foot
shall be added to the required setback area for each one foot of height or fraction thereof by
which a structure within thirty feet of the lot line for such setback area exceeds fourteen feet in
height.
(h) Height of structures. The maximum height of any structure in a C-N(RHD) district
shall be thirty feet.
(i) Enclosure of uses. All permitted and conditional uses shall be conducted entirely
within a completely enclosed structure, except for off-street parking and loading, gasoline
service stations, outdoor dining, nurseries, garden shops and Christmas tree and pumpkin sales
lots.
180
Exhibit A
(j) Screening and landscaping. An area not less than five feet in depth along all property
lines that abut a street shall be landscaped with plant materials and/or improved with sidewalks
or pathways as required by the Planning Commission. All planting materials shall permanently
be maintained by the owner or occupant of the site.
(k) Alternative standards for multi-family dwellings. Notwithstanding any other
provisions of this Section, where multi-family dwellings will be located upon a site, the project
shall comply with the development standards set forth in Article 15-17 of this Chapter. The
density of development above twenty dwelling units per net acre shall be as determined in each
case by the Planning Commission, based upon its findings that:
(1) The project will not constitute overbuilding of the site; and
(2) The project is compatible with the structures and density of development on adjacent
properties; and
(3) The project will preserve a sufficient amount of open space on the site; and
(4) The project will provide sufficient light and air for the residents of the site and the
occupants of adjacent properties.
(l) Development Standards for Single Room Occupancy Buildings and Units
(1) Single Room Occupancy Buildings
(a) Four square feet of common area per living unit shall be provided, with a
minimum of 200 square feet in area of interior common space, excluding janitorial storage,
laundry facilities and common hallways.
(b) Laundry facilities must be provided in a separate room at the ratio of one washer
and one dryer for every 20 units or fractional number thereof, with a least on washer and
dryer per floor.
(c) A cleaning supply room or utility closet with a wash tub with hot and cold running
water shall be provided on each floor of the SRO Facility.
(2) Single Room Occupancy Units
(a) A unit shall have a minimum size of 150 square feet and a maximum of 400 square
feet.
(b) A unit shall accommodate a maximum of two persons.
(c) A unit may contain partial or full bathroom facilities. A partial bathroom facility
shall have at least a toilet and sink; a full bathroom facility shall have a toilet, sink and
bathtub, shower or bathtub/shower combination. If a full bathroom facility is not
181
Exhibit A
provided, common bathroom facilities shall be provided in accordance with the California
Building Code for congregate residences.
(d) A unit is not required to but may contain partial or full kitchen facilities. A full
kitchen includes a sink, a refrigerator and a stove, range top or oven. A partial kitchen is
lacking at least one of these appliances. If a full kitchen is not provided, common kitchen
facilities shall be provided with at least one full kitchen per floor.
(e) Each unit shall have a separate closet.
(f) All units shall comply with all requirements of the California Building Code. All
units shall comply with all applicable accessibility and adaptability requirements. All
common areas shall be fully accessible.
(3) Management
(a) An SRO building with 10 or more units shall provide a 24-hour resident manager.
An SRO building with less than 10 units shall provide a management office.
(b) A management plan shall be submitted with the development application for a
SRO building. The management plan shall address management and operation of the
facility, rental procedures, safety and security of residents and building maintenance.
(4) Off-street parking shall be provided consistent with Section 15-35-030
(5) Tenancy of SRO units shall be for not less than 30 days.
(6) An existing structure may be converted to an SRO building, consistent with the
provision of this Section.
3. Parking requirements for Single-Room Occupancy Units
15-35.030 - Schedule of off-street parking spaces.
Off-street parking spaces shall be provided in accordance with the following schedule:
Use Spaces Required
(t) Single-Room
Occupancy Building
One space for each unit plus one space for the on-site manager
when required and one space for each additional employee.
End of Amendments
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REPORT TO THE PLANNING COMMISSION
Meeting Date: December 11, 2013
Application: Discussion Item
Location: N/A
Applicant/Owner: City of Saratoga
Staff Planner: James Lindsay, Community Development Director
BACKGROUND:
The Planning Commission requested staff agendize a discussion of changes to the City
Commission attendance requirements recently made by the City Council (shown below).
Section 2-12-040 Attendance
(a) Each Commissioner shall regularly attend meetings of the Commission of
which he or she is a member.
(b) Commissioners are expected to make Commission service a high priority
and to make a reasonable effort to attend all meetings. If a Commissioner is
absent without permission of the Chair (or, in the case of the Chair, the
Mayor) from three consecutive regular Commission meetings in any twelve
month period, the Commissioner's office becomes vacant and shall be filled
as any other vacancy unless the vacancy is excused by the City Council in
its sole discretion. A Commissioner whose office has become vacant may
request the vacancy to be excused by filing a letter with the City Clerk
within thirty (30) days of the effective date of the vacancy. If a
Commissioner is absent without permission from two consecutive regular
Commission meetings, the secretary of the Commission shall mail to the
Commissioner a courtesy notice of the requirements of this section,
provided, however, that such notice shall not operate as prerequisite to the
establishment of a vacancy pursuant to this Subsection (b) and that failure to
mail such notice shall not create any right of action in any Commissioner or
any other person.
In requesting this discussion item, the Commission stated they would like to consider
establishing rules for the Chair to grant permission of an absence. Pursuant to Section 2-
12.080(d), a Commission has the authority to adopt rules and procedures as it deems
appropriate for the orderly and efficient conduct of its business which are not inconsistent
with the provisions of the City Code. The Planning Commission may establish rules and
procedures at this meeting after which staff will create a handout to be distributed and
included in the handbook provided to each new Commissioner.
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Chair Hlava has provided these suggestions to facilitate the discussion of establishing rules
for granting permission of an absence for Planning Commissioners:
1 Illness of a Commissioner
2. Illness of spouse, child, or other relative
3. Death in the family
4. Job or trip required by a Commissioner's job
5. One excused absence a year for vacation
Staff has also included a sample of excused absence policies from other cities as Attachment
A. Please note that only the Mayor may grant the Chairperson permission of an absence
from a regular meeting. Any rules established by the Commission would not be binding on
the Mayor’s discretion.
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SAMPLE POLICIES THAT DEFINE EXCUSED ABSENCES CITY COMMISSION ATTENDANCE POLICY Hayward, CA Examples of excused absences include: A comparatively infrequent meeting schedule of the Board or Commission upon which the member serves; Absences that result from the member's attendance at other City‐sponsored or City‐endorsed functions that conflict with a Board or Commission meeting time; and Illness or injury of a family member that required the absence of the Board or Commission Member from the City. San Jose, CA Excused absences include: 1. An absence due to an illness of the member, or illness or death of a member's spouse, domestic partner, parent, child, sibling or dependent; or 2. An absence because a member is away on authorized Board or Commission business; or 3. For any member who is a City Council Member or a City employee, an absence due to the member performing required City business; or 4. An absence from a meeting of the Board of administration for the federated City employees retirement system or of the Board of administration for the police and fire department retirement plan which the Board of administration has found to be for good cause. San Juan Capistrano, CA Excused absences shall be defined as those for which the secretary to the advisory body has been notified in advance of the meeting. Notification to another member of the advisory body shall not be considered sufficient. Sunnyvale, CA Excused absences shall be limited to those which meet both of the following requirements: a) The absent member informed the chair and/or the City staff liaison to the Board or Commission, of their intended absence prior to the scheduled meeting. (Failure to inform the chair or the staff liaison prior to the meeting shall result in an unexcused absence, unless extenuating circumstances prevent advance notice), and b) The absence is due to one of the following: a. Death in the family b. Personal illness c. Board or Commission‐related business d. Personal leave (limited to one per fiscal year for those Boards/Commissions meeting monthly or less frequently and to 10% for regularly scheduled meetings for those meeting more frequently) e. Emergency f. Decision by member’s supervisor in employment or required military service g. Maternity leave 185